Senate
File
476
S-3052
Amend
Senate
File
476
as
follows:
1
1.
Page
2,
line
34,
after
<
PUBLIC
SAFETY,
>
by
inserting
2
<
COLLECTIVE
BARGAINING,
>
3
2.
Page
3,
before
line
1
by
inserting:
4
<
Sec.
___.
Section
20.3,
subsection
11,
Code
2021,
is
5
amended
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
g.
An
individual
employed
as
a
law
7
enforcement
officer
as
defined
in
section
669A.2.
8
Sec.
___.
Section
20.9,
subsections
1
and
3,
Code
2021,
are
9
amended
to
read
as
follows:
10
1.
For
negotiations
regarding
a
bargaining
unit
with
11
at
least
thirty
percent
of
members
who
are
public
safety
12
employees
one
member
who
is
a
public
safety
employee
,
the
13
public
employer
and
the
employee
organization
shall
meet
at
14
reasonable
times,
including
meetings
reasonably
in
advance
of
15
the
public
employer’s
budget-making
process,
to
negotiate
in
16
good
faith
with
respect
to
wages,
hours,
vacations,
insurance,
17
holidays,
leaves
of
absence,
shift
differentials,
overtime
18
compensation,
supplemental
pay,
seniority,
transfer
procedures,
19
job
classifications,
health
and
safety
matters,
evaluation
20
procedures,
procedures
for
staff
reduction,
in-service
21
training,
grievance
procedures
for
resolving
any
questions
22
arising
under
the
agreement,
and
other
matters
mutually
agreed
23
upon.
For
negotiations
regarding
a
bargaining
unit
that
does
24
not
have
at
least
thirty
percent
of
members
who
are
public
25
safety
employees
one
member
who
is
a
public
safety
employee
,
26
the
public
employer
and
the
employee
organization
shall
meet
27
at
reasonable
times,
including
meetings
reasonably
in
advance
28
of
the
public
employer’s
budget-making
process,
to
negotiate
29
in
good
faith
with
respect
to
base
wages
and
other
matters
30
mutually
agreed
upon.
Such
obligation
to
negotiate
in
good
31
faith
does
not
compel
either
party
to
agree
to
a
proposal
32
or
make
a
concession.
Mandatory
subjects
of
negotiation
33
specified
in
this
subsection
shall
be
interpreted
narrowly
and
34
restrictively.
35
-1-
SF476.1149
(1)
89
cm/jh
1/
6
#1.
#2.
3.
All
retirement
systems,
dues
checkoffs,
and
other
1
payroll
deductions
for
political
action
committees
or
other
2
political
contributions
or
political
activities
shall
be
3
excluded
from
the
scope
of
negotiations.
For
negotiations
4
regarding
a
bargaining
unit
that
does
not
have
at
least
5
thirty
percent
of
members
who
are
public
safety
employees
one
6
member
who
is
a
public
safety
employee
,
insurance,
leaves
of
7
absence
for
political
activities,
supplemental
pay,
transfer
8
procedures,
evaluation
procedures,
procedures
for
staff
9
reduction,
and
subcontracting
public
services
shall
also
be
10
excluded
from
the
scope
of
negotiations.
11
Sec.
___.
Section
20.15,
subsection
1,
paragraph
b,
Code
12
2021,
is
amended
to
read
as
follows:
13
b.
(1)
If
a
majority
of
the
public
employees
in
the
14
bargaining
unit
vote
votes
cast
on
the
question
is
for
no
15
bargaining
representation,
the
public
employees
in
the
16
bargaining
unit
found
appropriate
by
the
board
shall
not
be
17
represented
by
an
employee
organization.
18
(2)
If
a
majority
of
the
public
employees
in
the
bargaining
19
unit
vote
votes
cast
on
the
question
is
for
a
listed
employee
20
organization,
then
that
employee
organization
shall
represent
21
the
public
employees
in
the
bargaining
unit
found
appropriate
22
by
the
board.
23
(3)
If
none
of
the
choices
on
the
ballot
receive
the
24
vote
of
a
majority
of
the
public
employees
in
the
bargaining
25
unit
voting
,
the
public
employees
in
the
bargaining
unit
26
found
appropriate
by
the
board
shall
not
be
represented
by
an
27
employee
organization.
28
Sec.
___.
Section
20.15,
subsections
2
and
3,
Code
2021,
are
29
amended
to
read
as
follows:
30
2.
Retention
and
recertification
elections.
31
a.
The
board
shall
conduct
an
election
to
retain
and
32
recertify
the
bargaining
representative
of
a
bargaining
unit
33
prior
to
the
expiration
of
the
bargaining
unit’s
collective
34
bargaining
agreement.
The
question
on
the
ballot
shall
be
35
-2-
SF476.1149
(1)
89
cm/jh
2/
6
whether
the
bargaining
representative
of
the
public
employees
1
in
the
bargaining
unit
those
voting
shall
be
retained
and
2
recertified
as
the
bargaining
representative
of
the
public
3
employees
in
the
bargaining
unit.
For
collective
bargaining
4
agreements
with
a
June
30
expiration
date,
the
election
shall
5
occur
between
June
1
and
November
1,
both
dates
included,
6
in
the
year
prior
to
that
expiration
date.
For
collective
7
bargaining
agreements
with
a
different
expiration
date,
the
8
election
shall
occur
between
three
hundred
sixty-five
and
two
9
hundred
seventy
days
prior
to
the
expiration
date.
10
b.
(1)
If
a
majority
of
the
public
employees
in
the
11
bargaining
unit
vote
votes
cast
to
retain
and
recertify
the
12
representative,
the
board
shall
retain
and
recertify
the
13
bargaining
representative
and
the
bargaining
representative
14
shall
continue
to
represent
the
public
employees
in
the
15
bargaining
unit.
16
(2)
If
a
majority
of
the
public
employees
in
the
bargaining
17
unit
votes
cast
do
not
vote
to
retain
and
recertify
the
18
representative,
the
board,
after
the
period
for
filing
19
written
objections
pursuant
to
subsection
4
has
elapsed,
20
shall
immediately
decertify
the
representative
and
the
public
21
employees
shall
not
be
represented
by
an
employee
organization
22
except
pursuant
to
the
filing
of
a
subsequent
petition
for
23
certification
of
an
employee
organization
as
provided
in
24
section
20.14
and
an
election
conducted
pursuant
to
such
25
petition.
Such
written
objections
and
decertifications
shall
26
be
subject
to
applicable
administrative
and
judicial
review.
27
c.
The
board
shall
only
conduct
an
election
pursuant
to
this
28
subsection
if
the
board
has
not
previously
conducted
such
an
29
election
for
the
bargaining
unit
since
the
last
certification
30
election
pursuant
to
subsection
1
conducted
by
the
board
for
31
that
bargaining
unit.
32
3.
Decertification
elections.
33
a.
Upon
the
filing
of
a
petition
for
decertification
of
an
34
employee
organization,
the
board
shall
submit
a
question
to
the
35
-3-
SF476.1149
(1)
89
cm/jh
3/
6
public
employees
at
an
election
in
the
bargaining
unit
found
1
appropriate
by
the
board.
The
question
on
the
ballot
shall
be
2
whether
the
bargaining
representative
of
the
public
employees
3
in
the
bargaining
unit
shall
be
decertified
as
the
bargaining
4
representative
of
public
employees
in
the
bargaining
unit.
5
b.
(1)
If
a
majority
of
the
public
employees
in
the
6
bargaining
unit
those
voting
vote
to
decertify
the
bargaining
7
representative,
the
board,
after
the
period
for
filing
8
written
objections
pursuant
to
subsection
4
has
elapsed,
9
shall
immediately
decertify
the
representative
and
the
public
10
employees
shall
not
be
represented
by
an
employee
organization
11
except
pursuant
to
the
filing
of
a
subsequent
petition
for
12
certification
of
an
employee
organization
as
provided
in
13
section
20.14
and
an
election
conducted
pursuant
to
such
14
petition.
Such
written
objections
and
decertifications
shall
15
be
subject
to
applicable
administrative
and
judicial
review.
16
(2)
If
a
majority
of
the
public
employees
in
the
bargaining
17
unit
those
voting
do
not
vote
to
decertify
the
bargaining
18
representative,
the
bargaining
representative
shall
continue
to
19
represent
the
public
employees
in
the
bargaining
unit.
20
c.
The
board
shall
not
consider
a
petition
for
21
decertification
of
an
employee
organization
unless
a
22
bargaining
unit’s
collective
bargaining
agreement
exceeds
23
two
years
in
length.
The
board
shall
not
schedule
a
24
decertification
election
for
a
bargaining
unit
within
one
25
year
of
a
prior
certification,
retention
and
recertification,
26
or
decertification
election
involving
the
bargaining
unit.
27
Unless
otherwise
prohibited
by
this
paragraph,
the
board
shall
28
schedule
a
decertification
election
not
less
than
one
hundred
29
fifty
days
before
the
expiration
date
of
the
bargaining
unit’s
30
collective
bargaining
agreement.
31
Sec.
___.
Section
20.22,
subsection
7,
unnumbered
paragraph
32
1,
Code
2021,
is
amended
to
read
as
follows:
33
For
an
arbitration
involving
a
bargaining
unit
that
has
at
34
least
thirty
percent
of
members
who
are
public
safety
employees
35
-4-
SF476.1149
(1)
89
cm/jh
4/
6
one
member
who
is
a
public
safety
employee
,
the
arbitrator
1
shall
consider
and
specifically
address
in
the
arbitrator’s
2
determination,
in
addition
to
any
other
relevant
factors,
the
3
following
factors:
4
Sec.
___.
Section
20.22,
subsection
8,
unnumbered
paragraph
5
1,
Code
2021,
is
amended
to
read
as
follows:
6
For
an
arbitration
involving
a
bargaining
unit
that
does
7
not
have
at
least
thirty
percent
of
members
who
are
public
8
safety
employees
one
member
who
is
a
public
safety
employee
,
9
the
following
shall
apply:
10
Sec.
___.
Section
20.22,
subsection
10,
paragraph
b,
11
subparagraph
(1),
unnumbered
paragraph
1,
Code
2021,
is
amended
12
to
read
as
follows:
13
However,
for
an
arbitration
involving
a
bargaining
unit
that
14
does
not
have
at
least
thirty
percent
of
members
who
are
public
15
safety
employees
one
member
who
is
a
public
safety
employee
,
16
with
respect
to
any
increase
in
base
wages,
the
arbitrator’s
17
award
shall
not
exceed
the
lesser
of
the
following
percentages
18
in
any
one-year
period
in
the
duration
of
the
bargaining
19
agreement:
>
20
3.
Page
7,
after
line
30
by
inserting:
21
<
DIVISION
___
22
WORKERS’
COMPENSATION
23
Sec.
___.
Section
85.34,
subsection
2,
paragraph
n,
Code
24
2021,
is
amended
by
striking
the
paragraph.
25
DIVISION
___
26
ACCRUED
SICK
LEAVE
——
RETIRED
PUBLIC
SAFETY
EMPLOYEES
27
Sec.
___.
NEW
SECTION
.
70A.23A
Credit
for
accrued
sick
28
leave
——
public
safety
employees.
29
A
public
safety
employee,
as
defined
by
section
20.3,
30
subsection
11,
who
retires
and
has
applied
for
retirement
31
benefits
under
an
eligible
retirement
system,
shall
receive
32
credit
for
all
accumulated,
unused
sick
leave
which
shall
be
33
converted
at
current
value
and
credited
to
an
account
for
the
34
public
safety
employee
for
the
purpose
of
paying
the
public
35
-5-
SF476.1149
(1)
89
cm/jh
5/
6
#3.
safety
employee’s
cost
of
the
monthly
premiums
for
continuance
1
of
the
public
safety
employee’s
health
insurance
plan.
Upon
2
the
death
of
a
retired
public
safety
employee,
the
spouse
3
or
surviving
spouse
shall
be
entitled
to
the
value
of
the
4
accumulated
unused
sick
leave
for
the
purpose
of
paying
the
5
cost
of
monthly
premiums
for
continuation
of
a
public
safety
6
employee’s
health
insurance
policy
for
the
public
safety
7
employee’s
surviving
spouse
or
dependents.
This
subsection
8
shall
not
apply
to
sections
509A.13
and
509A.13A.
>
9
4.
Title
page,
line
3,
after
<
filings,
>
by
inserting
10
<
collective
bargaining,
workers’
compensation,
retired
public
11
safety
employee
benefits,
>
12
5.
By
renumbering,
redesignating,
and
correcting
internal
13
references
as
necessary.
14
______________________________
NATE
BOULTON
-6-
SF476.1149
(1)
89
cm/jh
6/
6
#4.
#5.