House File 2559 H-8204 Amend House File 2559 as follows: 1 1. Page 21, after line 27 by inserting: 2 < DIVISION ___ 3 COLLECTIVE BARGAINING 4 Sec. ___. Section 20.1, subsection 2, paragraph a, Code 5 2022, is amended to read as follows: 6 a. Determining appropriate bargaining units , amending 7 the composition of previously determined bargaining units 8 represented by a certified employee organization, reconsidering 9 and altering the composition of previously determined 10 bargaining units which are not represented by a certified 11 employee organization, and conducting representation elections. 12 Sec. ___. Section 20.3, subsection 11, Code 2022, is amended 13 by adding the following new paragraphs: 14 NEW PARAGRAPH . g. An employee of the Iowa department of 15 corrections who is responsible for the custody and supervision 16 of inmates through ongoing direct inmate contact, to enforce 17 and maintain discipline, safety, and security within a 18 correctional facility. 19 NEW PARAGRAPH . h. A jailer or detention officer who 20 performs duties as a jailer, including but not limited to the 21 transportation of inmates, who is certified as having completed 22 jailer training pursuant to chapter 80B, and who is employed 23 by a county as a jailer. 24 NEW PARAGRAPH . i. An emergency dispatcher for a county 25 sheriff. 26 NEW PARAGRAPH . j. A probation or parole officer employed by 27 the Iowa department of corrections. 28 NEW PARAGRAPH . k. A residential officer employed by 29 the department of corrections working at a community-based 30 corrections residential facility. 31 Sec. ___. Section 20.13, Code 2022, is amended to read as 32 follows: 33 20.13 Bargaining unit determination , amendment, and 34 reconsideration . 35 -1- HF 2559.3892 (3) 89 as/tm 1/ 11 #1.

1. Board The board’s determination of an appropriate 1 bargaining unit shall be upon petition filed by a public 2 employer, public employee, or employee organization. Except 3 as provided in subsection 4, the board’s amendment of the 4 composition of a represented bargaining unit shall be upon 5 petition filed by the employer or certified representative 6 of the bargaining unit. The board’s reconsideration of the 7 composition of a previously determined bargaining unit which is 8 not represented by a certified representative shall be upon the 9 combined petition of an employee organization which also seeks 10 a representation election pursuant to section 20.14, subsection 11 2. 12 2. Within thirty days of receipt of a petition, the board 13 shall conduct a public hearing, receive written or oral 14 testimony, and promptly thereafter file an order defining 15 the appropriate bargaining unit , amending or refusing to 16 amend the composition of a represented bargaining unit or 17 reconsidering and altering or refusing to alter the composition 18 of an unrepresented bargaining unit . In defining the unit, 19 or determining whether a unit should be amended or altered 20 in response to a petition for amendment or reconsideration, 21 the board shall take into consideration, along with other 22 relevant factors, the principles of efficient administration 23 of government, the existence of a community of interest among 24 public employees, the history and extent of public employee 25 organization, geographical location, and the recommendations 26 of the parties involved. 27 3. Appeals from such order shall be governed by the 28 provisions of chapter 17A . 29 4. 3. Professional and nonprofessional employees shall not 30 be included in the same bargaining unit unless a majority of 31 both agree. 32 4. Notwithstanding the provisions of subsection 1, a 33 petition to amend the composition of a represented bargaining 34 unit by the removal of public safety employees may be filed 35 -2- HF 2559.3892 (3) 89 as/tm 2/ 11

by a public safety employee who is a member of the bargaining 1 unit. If the petition is accompanied by evidence satisfactory 2 to the board that the public safety employees in the bargaining 3 unit do not constitute at least thirty percent of the employees 4 in the unit and that a majority of the public safety employees 5 in the unit support the petition, the board shall conduct 6 a hearing within thirty days of its finding such evidence 7 satisfactory and shall promptly thereafter issue an order 8 granting or denying the requested amendment. If the board 9 amends the composition of the bargaining unit by removing 10 public safety employees, those employees may immediately be the 11 subject of a separate bargaining unit determination petition 12 filed in accordance with subsection 1. 13 5. Appeals from such orders shall be governed by the 14 provisions of chapter 17A. 15 Sec. ___. Section 20.15, Code 2022, is amended by striking 16 the section and inserting in lieu thereof the following: 17 20.15 Elections. 18 1. Upon the filing of a petition for certification of an 19 employee organization, the board shall submit a question to 20 the public employees at an election in the bargaining unit 21 found appropriate by the board. The question on the ballot 22 shall permit the public employees to vote for no bargaining 23 representation or for any employee organization which has 24 petitioned for certification or which has presented proof 25 satisfactory to the board of support of ten percent or more of 26 the public employees in the appropriate unit. 27 2. If a majority of the votes cast on the question is 28 for no bargaining representation, the public employees in 29 the bargaining unit found appropriate by the board shall not 30 be represented by an employee organization. If a majority 31 of the votes cast on the question is for a listed employee 32 organization, then that employee organization shall represent 33 the public employees in the bargaining unit found appropriate 34 by the board. 35 -3- HF 2559.3892 (3) 89 as/tm 3/ 11

3. If none of the choices on the ballot receives the vote 1 of a majority of the public employees voting, the board shall 2 conduct a runoff election among the two choices receiving the 3 greatest number of votes. 4 4. Upon written objections filed by any party to the 5 election within ten days after notice of the results of 6 the election, if the board finds that misconduct or other 7 circumstances prevented the public employees eligible to 8 vote from freely expressing their preferences, the board may 9 invalidate the election and hold a second election for the 10 public employees. 11 5. Upon completion of a valid election in which the majority 12 choice of the employees voting is determined, the board shall 13 certify the results of the election and shall give reasonable 14 notice of the order to all employee organizations listed on the 15 ballot, the public employers, and the public employees in the 16 appropriate bargaining unit. 17 6. a. A petition for certification as exclusive bargaining 18 representative of a bargaining unit shall not be considered 19 by the board for a period of one year from the date of the 20 noncertification of an employee organization as the exclusive 21 bargaining representative of that bargaining unit following a 22 certification election. A petition for certification as the 23 exclusive bargaining representative of a bargaining unit shall 24 also not be considered by the board if the bargaining unit is 25 at that time represented by a certified exclusive bargaining 26 representative. 27 b. A petition for the decertification of the exclusive 28 bargaining representative of a bargaining unit shall not be 29 considered by the board for a period of one year from the date 30 of its certification, or within one year of its continued 31 certification following a decertification election, or during 32 the duration of a collective bargaining agreement which, for 33 purposes of this section, shall be deemed not to exceed two 34 years. However, if a petition for decertification is filed 35 -4- HF 2559.3892 (3) 89 as/tm 4/ 11

during the duration of a collective bargaining agreement, the 1 board shall award an election under this section not more than 2 one hundred eighty days and not less than one hundred fifty 3 days prior to the expiration of the collective bargaining 4 agreement. If an employee organization is decertified, the 5 board may receive petitions under section 20.14, provided that 6 no such petition and no election conducted pursuant to such 7 petition within one year from decertification shall include as 8 a party the decertified employee organization. 9 7. A collective bargaining agreement with the state, its 10 boards, commissions, departments, and agencies shall be for two 11 years. The provisions of a collective bargaining agreement or 12 arbitrator’s award affecting state employees shall not provide 13 for renegotiations which would require the refinancing of 14 salary and fringe benefits for the second year of the term of 15 the agreement, except as provided in section 20.17, subsection 16 6. The effective date of any such agreement shall be July 1 of 17 odd-numbered years, provided that if an exclusive bargaining 18 representative is certified on a date which will prevent the 19 negotiation of a collective bargaining agreement prior to 20 July 1 of odd-numbered years for a period of two years, the 21 certified collective bargaining representative may negotiate 22 a one-year contract with the public employer which shall be 23 effective from July 1 of the even-numbered year to July 1 24 of the succeeding odd-numbered year when new contracts shall 25 become effective. 26 Sec. ___. Section 22.7, subsections 69 and 70, Code 2022, 27 are amended to read as follows: 28 69. The evidence of public employee support for 29 the certification , retention and recertification, or 30 decertification of an employee organization as defined in 31 section 20.3 that is submitted to the public employment 32 relations board as provided in section 20.14 or 20.15 . 33 70. Information indicating whether a public employee 34 voted in a certification , retention and recertification, or 35 -5- HF 2559.3892 (3) 89 as/tm 5/ 11

decertification election held pursuant to section 20.15 or 1 how the employee voted on any question on a ballot in such an 2 election. 3 Sec. ___. Section 602.1401, subsection 3, paragraph b, Code 4 2022, is amended to read as follows: 5 b. For purposes of chapter 20 , the certified representative, 6 which on July 1, 1983, represents employees who become judicial 7 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 8 remain the certified representative when the employees become 9 judicial branch employees and thereafter, unless the public 10 employee organization is not retained and recertified or is 11 decertified in an election held under section 20.15 or amended 12 or absorbed into another certified organization pursuant to 13 chapter 20 . Collective bargaining negotiations shall be 14 conducted on a statewide basis and the certified employee 15 organizations which engage in bargaining shall negotiate on a 16 statewide basis, although bargaining units shall be organized 17 by judicial district. The public employment relations board 18 shall adopt rules pursuant to chapter 17A to implement this 19 subsection . 20 Sec. ___. Section 905.4, subsection 2, Code 2022, is amended 21 to read as follows: 22 2. Employ a director having the qualifications required by 23 section 905.6 to head the district department’s community-based 24 correctional program and, within a range established by the 25 Iowa department of corrections, fix the compensation of and 26 have control over the director and the district department’s 27 staff. For purposes of collective bargaining under chapter 28 20 , employees of the district board who are not exempt from 29 chapter 20 are employees of the state, and the employees of all 30 of the district boards shall be included within one collective 31 bargaining unit. Furthermore, employees of the district board 32 shall be considered state employees for purposes of section 33 8A.415, subsection 2. 34 Sec. ___. DIRECTIVES TO PUBLIC EMPLOYMENT RELATIONS BOARD. 35 -6- HF 2559.3892 (3) 89 as/tm 6/ 11

1. The public employment relations board shall cancel any 1 elections scheduled or in process pursuant to section 20.15, 2 subsection 2, Code 2022, as of the effective date of this 3 division of this Act. 4 2. Notwithstanding section 20.15, subsection 1, paragraph 5 “c”, Code 2022, the public employment relations board 6 shall consider a petition for certification of an employee 7 organization as the exclusive representative of a bargaining 8 unit for which an employee organization was not retained and 9 recertified as the exclusive representative of that bargaining 10 unit regardless of the amount of time that has elapsed since 11 the retention and recertification election at which an employee 12 organization was not retained or recertified. 13 DIVISION ___ 14 HEALTH INSURANCE COVERAGE —— SURVIVING SPOUSE AND CHILDREN OF 15 CERTAIN DEPARTMENT OF CORRECTIONS EMPLOYEES 16 Sec. ___. Section 509A.13D, subsection 3, Code 2022, is 17 amended to read as follows: 18 3. The governing body of the state shall not be required 19 to pay for the full cost of the health insurance under this 20 section ; however, the governing body of the state may pay the 21 full cost or a portion of the cost of the health insurance . If 22 the full cost or a portion of the cost of the coverage is not 23 paid by the governing body of the state, the surviving spouse 24 and each surviving child who is eligible for health insurance 25 under this section may elect to continue coverage by paying 26 that portion of the cost of the health insurance not paid by 27 the governing body of the state. 28 DIVISION ___ 29 ASSAULTS ON PERSONS ENGAGED IN CERTAIN OCCUPATIONS 30 Sec. ___. Section 708.3A, subsections 3 and 4, Code 2022, 31 are amended to read as follows: 32 3. A person who commits an assault, as defined in section 33 708.1 , against a peace officer, jailer, correctional staff, 34 member or employee of the board of parole, health care 35 -7- HF 2559.3892 (3) 89 as/tm 7/ 11

provider, employee of the department of human services, 1 employee of the department of revenue, civilian employee of a 2 law enforcement agency, civilian employee of a fire department, 3 or fire fighter, whether paid or volunteer, who knows that 4 the person against whom the assault is committed is a peace 5 officer, jailer, correctional staff, member or employee of 6 the board of parole, health care provider, employee of the 7 department of human services, employee of the department 8 of revenue, civilian employee of a law enforcement agency, 9 civilian employee of a fire department, or fire fighter, and 10 who causes bodily injury or mental illness, is guilty of an 11 aggravated misdemeanor a class “D” felony . 12 4. Any other assault, as defined in section 708.1 , committed 13 against a peace officer, jailer, correctional staff, member 14 or employee of the board of parole, health care provider, 15 employee of the department of human services, employee of the 16 department of revenue, civilian employee of a law enforcement 17 agency, civilian employee of a fire department, or fire 18 fighter, whether paid or volunteer, by a person who knows 19 that the person against whom the assault is committed is a 20 peace officer, jailer, correctional staff, member or employee 21 of the board of parole, health care provider, employee of 22 the department of human services, employee of the department 23 of revenue, civilian employee of a law enforcement agency, 24 civilian employee of a fire department, or fire fighter, is a 25 serious misdemeanor an aggravated misdemeanor . 26 Sec. ___. Section 708.3A, Code 2022, is amended by adding 27 the following new subsections: 28 NEW SUBSECTION . 4A. Any person who commits an assault, 29 as defined in section 708.1, against a jailer or correctional 30 staff while the person is in the custody and control of the 31 department of corrections in a correctional institution, 32 community-based correctional facility, or an institution under 33 the management of the Iowa department of corrections which 34 is used for the purposes of confinement of persons who have 35 -8- HF 2559.3892 (3) 89 as/tm 8/ 11

committed public offenses, or a county jail or other facility 1 used for purposes of confinement of persons who have committed 2 public offenses, shall, upon conviction of a violation of 3 this section, in addition to any other sentence imposed, lose 4 one-half of all earned time accumulated pursuant to section 5 903A.2 for a first conviction, and shall lose all earned 6 time accumulated pursuant to section 903A.2 for a second or 7 subsequent conviction. 8 NEW SUBSECTION . 4B. If the county attorney of the county 9 where a violation of this section occurs against a jailer 10 or correctional staff by a person who is in the custody 11 and control of the department of corrections while in any 12 correctional institution or a county jail or other facility 13 used for purposes of confinement fails to prosecute the case 14 against the person, the area prosecutions division of the 15 attorney general’s office may elect to prosecute the case. 16 DIVISION ___ 17 DEPARTMENT OF CORRECTIONS 18 Sec. ___. Section 904.108, subsection 1, Code 2022, is 19 amended by adding the following new paragraphs: 20 NEW PARAGRAPH . p. Establish a training program for 21 employees of the department with ongoing direct contact with 22 inmates in self-defense and other de-escalation techniques when 23 confronted with potentially violent interactions involving 24 inmates. The training program shall include an in-person 25 component. 26 NEW PARAGRAPH . q. Establish uniform safety practices to 27 be implemented at all correctional institutions under the 28 control of the department that provide guidelines designed to 29 protect the safety of employees and inmates at correctional 30 institutions. 31 NEW PARAGRAPH . r. Adopt rules to allow an employee of 32 the department who has witnessed a trauma event to take 33 between five and thirty days of paid leave depending upon the 34 severity of the trauma event. If the appointing authority of a 35 -9- HF 2559.3892 (3) 89 as/tm 9/ 11

correctional institution determines that an employee has been 1 held hostage, the employee shall be eligible for a paid leave 2 of absence of up to ninety days, as determined by a licensed 3 physician, to allow for recovery from mental and physical 4 stress and any related conditions. Such paid leave shall not 5 be charged against the employee’s sick leave account. 6 NEW PARAGRAPH . s. Establish protocols for allowing 7 employees of the department with ongoing direct contact with 8 inmates access to information identified in section 904.602, 9 subsection 2, for purposes of the administration of the 10 department’s programs of services or assistance to inmates. 11 Sec. ___. DEPARTMENT OF CORRECTIONS —— CONTRACT 12 EMPLOYEES. The Iowa department of corrections shall not enter 13 into an employment contract with a person to perform a function 14 of the department and provide the contract employee with pay or 15 benefits in excess of pay and benefits provided an employee of 16 the state performing similar work. 17 Sec. ___. DEPARTMENT OF CORRECTIONS —— CONTRABAND AND 18 SURVEILLANCE CAMERAS —— TRAUMA EVENTS. 19 1. For fiscal years beginning on or after July 1, 2022, 20 the department of corrections shall increase funding for 21 screening for contraband and surveillance cameras at all state 22 correctional facilities and for upgrades to provide for an 23 enhanced technology system to improve the safety and efficiency 24 of operations at all state correctional facilities. 25 2. The department of corrections shall amend its 26 administrative rules pursuant to chapter 17A to allow an 27 employee of the department who has witnessed a trauma event to 28 take between five and thirty days of paid leave depending upon 29 the severity of the trauma event. If the appointing authority 30 of a correctional institution determines that an employee 31 has been held hostage, the employee shall be eligible for a 32 paid leave of absence of up to ninety days, as determined by 33 a licensed physician, to allow for recovery from stress and 34 any related conditions. Such paid leave shall not be charged 35 -10- HF 2559.3892 (3) 89 as/tm 10/ 11

against the employee’s sick leave account. > 1 2. Title page, line 1, after < system > by inserting < , and 2 certain department of corrections matters including collective 3 bargaining, health insurance coverage for surviving spouses 4 and children, and assaults on persons engaged in certain 5 occupations > 6 3. By renumbering as necessary. 7 ______________________________ PRICHARD of Floyd -11- HF 2559.3892 (3) 89 as/tm 11/ 11 #2. #3.