S-3202

   Amend  the House amendment, S-3158, to Senate File 342, as passed by the Senate, as follows:
   1.  By striking page 1, line 1, through page 33, line 1, and inserting: 
   <Amend Senate File 342, as passed by the Senate, as follows:
   1.  Title page, by striking the enacting clause and inserting:
   <BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:>
   2.  Page 1, by inserting: 
<DIVISION I
PUBLIC RECORDS —— CONFIDENTIALITY —— CIVIL ENFORCEMENT

   Section 1.  Section 9E.1, Code 2021, is amended to read as follows:
   9E.1  Purpose.
   The general assembly finds that individuals attempting to escape from actual or threatened domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for data without disclosing the location of a victim of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking; to enable interagency cooperation with the secretary of state in providing address confidentiality for victims of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking; and to enable program participants to use an address designated by the secretary of state as a substitute mailing address for the purposes specified in this chapter. In addition, the purpose of this chapter is to prevent such victims from being physically located through a public records search.
   Sec. 2.  Section 9E.2, subsection 6, paragraph a, Code 2021, is amended to read as follows:
   a.  “Eligible person” means a person who is all a resident of this state, an adult, a minor, or an incapacitated person as defined in section 633.701, and is one of the following:
   (1)  A resident of this state.
   (2)  An adult, a minor, or an incapacitated person as defined in section 633.701.
   (3)  A victim of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking as evidenced by the filing of a petition pursuant to section 236.3 or a criminal complaint or information pursuant to section 708.1, 708.2A, 708.11, or 710A.2, or any violation contained in chapter 709.
   (2)  A currently active or retired state or local judicial officer, as defined in section 4.1, a federal judge, or a spouse or child of such a person.
   (3)  A currently active or retired state or local prosecuting attorney, as defined in section 801.4, or a spouse or child of such a person.
   (4)  A currently active or retired peace officer, as defined in section 801.4, civilian employee of a law enforcement agency, or a spouse or child of such a person.
   Sec. 3.  Section 9E.3, subsection 1, paragraph b, subparagraph (1), subparagraph division (a), Code 2021, is amended to read as follows:
   (a)  The eligible person listed on the application is a victim of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking.
   Sec. 4.  Section 9E.3, subsection 1, paragraph e, Code 2021, is amended to read as follows:
   e.  The residential address of the eligible person, disclosure of which could lead to an increased risk of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking.
   Sec. 5.  Section 9E.7, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  Upon request by a program participant, the assessor or the assessor’s staff shall redact the requestor’s name contained in electronic documents that are displayed for public access through an internet site. The assessor shall implement and maintain a process to facilitate these requests. A fee shall not be charged for the administration of this paragraph.
   Sec. 6.  Section 331.604, subsection 3, Code 2021, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  (1)  Upon request by a peace officer, as defined in section 801.4, civilian employee of a law enforcement agency, or state or federal judicial officer or state or federal prosecutor, the county assessor or the county assessor’s staff, or the county recorder or the county recorder’s staff, shall redact the requestor’s name contained in electronic documents that are displayed for public access through an internet site. 
   (2)  Upon request by a former peace officer, as defined in section 801.4, or a former civilian employee of a law enforcement agency, the county assessor or the county assessor’s staff, or the county recorder or the county recorder’s staff, may redact, upon the presentation of evidence that a compelling safety interest is served by doing so, the requestor’s name contained in electronic documents that are displayed for public access through an internet site.
   (3)  This paragraph does not apply to a requestor holding or seeking public office. 
   (4)  The county assessor and the county recorder shall implement and maintain a process to facilitate requests pursuant to this paragraph. 
   (5)  A fee shall not be charged for the administration of this paragraph.
DIVISION II
UNIFORM COMMERCIAL CODE —— FRAUDULENT FILINGS

   Sec. 7.  Section 554.9510, subsection 1, Code 2021, is amended to read as follows:
   1.  Filed record effective if authorized.  A filed record is effective only to the extent that it was filed by a person that may file it under section 554.9509 or by the filing office under section 554.9513A.
   Sec. 8.  NEW SECTION.  554.9513A  Termination of wrongfully filed financing statement —— reinstatement.
   1.  Trusted filer.  “Trusted filer” means a person that does any of the following:
   a.  Regularly causes records to be communicated to the filing office for filing and has provided the filing office with current contact information and information sufficient to establish the person’s identity.
   b.  Satisfies either of the following conditions:
   (1)  The filing office has issued the person credentials for access to online filing services.
   (2)  The person has established a prepaid or direct debit account for payment of filing fees, regardless of whether the account is used in a particular transaction.
   2.  Affidavit of wrongful filing.  A person identified as debtor in a filed financing statement may deliver to the filing office a notarized, sworn affidavit that identifies the financing statement by file number, indicates the affiant’s mailing address, and states that the affiant believes that the filed record identifying the affiant as debtor was not authorized to be filed and was caused to be communicated to the filing office with the intent to harass or defraud the affiant. The filing office may reject an affidavit that is incomplete or that it believes was delivered to it with the intent to harass or defraud the secured party. The office of the secretary of state shall adopt a form of affidavit for use under this section.
   3.  Termination statement by filing office.  Subject to subsection 11, if an affidavit is delivered to the filing office under subsection 2, the filing office shall promptly file a termination statement with respect to the financing statement identified in the affidavit. The termination statement must identify by its file number the initial financing statement to which it relates and must indicate that it was filed pursuant to this section. A termination statement filed under this subsection is not effective until ninety days after it is filed.
   4.  No fee charged or refunded.  The filing office shall not charge a fee for the filing of an affidavit under subsection 2 or a termination statement under subsection 3. The filing office shall not return any fee paid for filing the financing statement identified in the affidavit, whether or not the financing statement is reinstated under subsection 7.
   5.  Notice of termination statement.  On the same day that a filing office files a termination statement under subsection 3, the filing office shall send to the secured party of record for the financing statement to which the termination statement relates a notice stating that the termination statement has been filed and will become effective ninety days after filing. The notice shall be sent by certified mail, return receipt requested, to the address provided for the secured party of record in the financing statement with a copy sent by electronic mail to the electronic mail address provided by the secured party of record, if any.
   6.  Administrative review —— action for reinstatement.  A secured party that believes in good faith that the filed record identified in an affidavit delivered to the filing office under subsection 2 was authorized to be filed and was not caused to be communicated to the filing office with the intent to harass or defraud the affiant may:
   a.  Before the termination statement takes effect, request that the filing office conduct an expedited review of the filed record and any documentation provided by the secured party. The filing office may as a result of this review remove from the record the termination statement filed by it under subsection 3 before the termination statement takes effect and conduct an administrative review under subsection 11.
   b.  File an action against the filing office seeking reinstatement of the financing statement to which the filed record relates at any time before the expiration of six months after the date on which the termination statement filed under subsection 3 becomes effective. If the affiant is not named as a defendant in the action, the secured party shall send a copy of the petition to the affiant at the address indicated in the affidavit. The exclusive venue for the action shall be in the district court for the county where the filing office in which the financing statement was filed is located. The action shall be considered by the court on an expedited basis.
   7.  Filing office to file notice of action for reinstatement.  Within ten days after being served with process in an action under subsection 6, the filing office shall file a notice indicating that the action has been commenced. The notice must indicate the file number of the initial financing statement to which the notice relates.
   8.  Action for reinstatement successful.  If, in an action under subsection 6, the court determines that the financing statement was authorized to be filed and was not caused to be communicated to the filing office with the intent to harass or defraud the affiant, the court shall order that the financing statement be reinstated. If an order of reinstatement is issued by the court, the filing office shall promptly file a record that identifies by its file number the initial financing statement to which the record relates and indicates that the financing statement has been reinstated.
   9.  Effect of reinstatement.  Upon the filing of a record reinstating a financing statement under subsection 8, the effectiveness of the financing statement is reinstated and the financing statement shall be considered never to have been terminated under this section except as against a purchaser of the collateral that gives value in reasonable reliance upon the termination. A continuation statement filed as provided in section 554.9515, subsection 4, after the effective date of a termination statement filed under subsection 3 or 11 becomes effective if the financing statement is reinstated.
   10.  Liability for wrongful filing.  If, in an action under subsection 6, the court determines that the filed record identified in an affidavit delivered to the filing office under subsection 2 was caused to be communicated to the filing office with the intent to harass or defraud the affiant, the filing office and the affiant may recover from the secured party that filed the action the costs and expenses, including reasonable attorney fees and the reasonable allocated costs of internal counsel, that the filing office and the affiant incurred in the action. This recovery is in addition to any recovery to which the affiant is entitled under section 554.9625.
   11.  Procedure for record filed by trusted filer.  If an affidavit delivered to a filing office under subsection 2 relates to a filed record communicated to the filing office by a trusted filer, the filing office shall promptly send to the secured party of record a notice stating that the affidavit has been delivered to the filing office and that the filing office is conducting an administrative review to determine whether the record was caused to be communicated with the intent to harass or defraud the affiant. The notice shall be sent by certified mail, return receipt requested, to the address provided for the secured party in the financing statement with a copy sent by electronic mail to the electronic mail address provided by the secured party of record, if any, and a copy shall be sent in the same manner to the affiant. The administrative review shall be conducted on an expedited basis and the filing office may require the affiant and the secured party of record to provide any additional information that the filing office deems appropriate. If the filing office concludes that the record was caused to be communicated with the intent to harass or defraud the affiant, the filing office shall promptly file a termination statement under subsection 2 that will be effective immediately and send to the secured party of record the notice required by subsection 5. The secured party may thereafter file an action for reinstatement under subsection 6 and the provisions of subsections 7 through 10 are applicable.
   Sec. 9.  NEW SECTION.  714.29  Records filed with intent to harass or defraud.
   1.  A person shall not cause to be communicated to the filing office as defined in section 554.9102 for filing a record if all of the following are true:
   a.  The person is not authorized to file the record under section 554.9509.
   b.  The record is not related to an existing or anticipated transaction that is or will be governed by chapter 554, article 9.
   c.  The record is filed with the intent to harass or defraud the person identified as debtor in the record.
   2.  A person that violates subsection 1 is guilty of a simple misdemeanor for a first offense and a serious misdemeanor for a second or subsequent offense.
DIVISION III
ACCRUED SICK LEAVE —— RETIRED PUBLIC SAFETY EMPLOYEES

   Sec. 10.  NEW SECTION.  70A.23A  Credit for accrued sick leave —— retired public safety employees.
   A public safety employee, as defined in section 20.3, subsection 11, who retires and has applied for retirement benefits under an eligible retirement system, shall receive credit for all accumulated, unused sick leave which shall be converted at current value and credited to an account for the public safety employee for the purpose of paying the public safety employee’s cost of the monthly premiums for continuance of the public safety employee’s health insurance plan. Upon the death of a retired public safety employee, the surviving spouse or dependents shall be entitled to the value of the accumulated unused sick leave for the purpose of paying the cost of monthly premiums for continuation of a public safety employee’s health insurance policy for the public safety employee’s surviving spouse or dependents. This section shall not apply to a public safety employee covered under a collective bargaining agreement which provides for an employer paid retirement health savings plan.
DIVISION IV
WORKERS’ COMPENSATION —— ACTIONS AND OFFSETS

   Sec. 11.  Section 97A.6, subsection 11, Code 2021, is amended to read as follows:
   11.  Pensions offset by compensation benefits.
   a.  Any amounts which may be paid or payable by the state under the provisions of any workers’ compensation or similar law to a member or to the dependents of a member on account of any disability or death, shall be offset against and payable in lieu of any benefits payable out of the retirement fund provided by the state under the provisions of this chapter on account of the same disability or death. In case the present value of the total commuted benefits under said workers’ compensation or similar law is less than the present value of the benefits otherwise payable from the retirement fund provided by the state under this chapter, then the present value of the commuted payments shall be deducted from the pension payable and such benefits as may be provided by the system so reduced shall be payable under the provisions of this chapter.
   b.  Notwithstanding paragraph “a”, any workers’ compensation benefits received by a member for past medical expenses or future medical expenses shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.
   c.  Notwithstanding paragraph “a”, any workers’ compensation benefits received by a member for reimbursement of vacation time used, sick time used, or for any unpaid time off from work shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.
   Sec. 12.  Section 97B.50A, subsection 5, Code 2021, is amended to read as follows:
   5.  Offset to allowance.
   a.  Notwithstanding any provisions to the contrary in state law, or any applicable contract or policy, any amounts which may be paid or payable by the employer under any workers’ compensation, unemployment compensation, employer-paid disability plan, program, or policy, or other law to a member, and any disability payments the member receives pursuant to the federal Social Security Act, 42 U.S.C. §423 et seq., shall be offset against and payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.
   b.  Notwithstanding paragraph “a”, any workers’ compensation benefits received by a member for past medical expenses or future medical expenses shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.
   c.  Notwithstanding paragraph “a”, any workers’ compensation benefits received by a member for reimbursement of vacation time used, sick time used, or for any unpaid time off from work shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.
DIVISION V
CIVIL SERVICE COMMISSION EXAMINATIONS

   Sec. 13.  Section 400.8, subsection 2, Code 2021, is amended to read as follows:
   2.  The commission shall establish the guidelines for conducting the examinations under subsection 1 of this section. It may prepare and administer the examinations or may The commission shall hire persons with expertise to do so if the commission approves the examinations prepare and administer the examinations approved by the commission. It may also hire persons with expertise to consult in the preparation of such examinations if the persons so hired are employed to aid personnel of the commission in assuring that a fair examination is conducted. A fair examination shall explore the competence of the applicant in the particular field of examination.
   Sec. 14.  Section 400.9, subsection 2, Code 2021, is amended to read as follows:
   2.  The commission shall establish guidelines for conducting the examinations under subsection 1. It may prepare and administer the examinations or may The commission shall hire persons with expertise to do so if the commission approves the examinations and if the examinations apply to prepare and administer the examinations approved by the commission for the position in the city for which the applicant is taking the examination. It may also hire persons with expertise to consult in the preparation of such examinations if the persons so hired are employed to aid personnel of the commission in assuring that a fair examination is conducted. A fair examination shall explore the competence of the applicant in the particular field of examination. The names of persons approved to administer any examination under this section shall be posted in the city hall at least twenty-four hours prior to the examination.
DIVISION VI
PEACE OFFICERS —— CARRYING FIREARMS

   Sec. 15.  NEW SECTION.  724.4D  Authority to carry firearm —— peace officers.
   A peace officer shall not be prohibited from carrying a firearm while engaged in the performance of official duties.
DIVISION VII
SHERIFF SALARIES

   Sec. 16.  Section 331.907, subsection 1, Code 2021, is amended to read as follows:
   1.  The annual compensation of the auditor, treasurer, recorder, sheriff, county attorney, and supervisors shall be determined as provided in this section. The county compensation board annually shall review the compensation paid to comparable officers in other counties of this state, other states, private enterprise, and the federal government. In setting the salary of the county sheriff, the county compensation board shall consider setting set the sheriff’s salary so that it is comparable to salaries paid to professional law enforcement administrators and command officers of the state patrol, the division of criminal investigation of the department of public safety, and city police agencies in this state chiefs employed by cities of similar population to the population of the county. The county compensation board shall prepare a compensation schedule for the elective county officers for the succeeding fiscal year. A recommended compensation schedule requires a majority vote of the membership of the county compensation board.
DIVISION VIII
CONFIDENTIAL COMMUNICATIONS —— PEER SUPPORT —— GROUP COUNSELORS

   Sec. 17.  Section 622.10, subsection 9, paragraphs a and b, Code 2021, are amended to read as follows:
   a.  A peer support group counselor or individual present for a group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency or fire department by reason of the counselor’s capacity as a peer support group counselor or an individual’s presence for a group crisis intervention shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the counselor or individual present for a group crisis intervention by the officer or civilian employee while receiving counseling or group crisis intervention.
   b.  The prohibition in this subsection does not apply where the officer or civilian employee has consented to the disclosure of the information specified in paragraph “a” or where the peer support group counselor or individual present for a group crisis intervention was an initial responding officer, a witness, or a party to the incident which prompted the delivery of peer support group counseling services or the group crisis intervention to the officer or civilian employee.
DIVISION IX
DISABILITY MEDICAL BENEFITS —— IOWA PUBLIC RETIREMENT SYSTEM

   Sec. 18.  Section 97B.50A, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  8A.  Medical benefits.  An employer shall furnish reasonable surgical, medical, dental, osteopathic, chiropractic, podiatric, physical rehabilitation, nursing, ambulance, and hospital services and supplies for a member who is injured in the performance of the member’s duties and is receiving an in-service disability retirement allowance under subsection 2 or has waived an in-service disability retirement allowance under subsection 4, regardless of when the injury occurred or when the member’s in-service disability allowance commenced.
DIVISION X
OFFICER DISCIPLINARY ACTIONS

   Sec. 19.  Section 80F.1, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  23.  a.  An officer shall not be discharged, disciplined, or threatened with discharge or discipline by a state, county, or municipal law enforcement agency solely due to a prosecuting attorney making a determination or disclosure that exculpatory evidence exists concerning the officer.
   b.  This subsection does not prohibit a law enforcement agency from dismissing, suspending, demoting, or taking other disciplinary actions against an officer based on the underlying actions that resulted in the exculpatory evidence being withheld. If a collective bargaining agreement applies, the actions taken by the law enforcement agency shall conform to the rules and procedures adopted by the collective bargaining agreement.
   Sec. 20.  FUTURE REPEAL.  This division is repealed July 1, 2022.
   Sec. 21.  BRADY-GIGLIO LIST INTERIM COMMITTEE.
   1.  The legislative council is requested to establish a Brady-Giglio list interim committee for the 2021 interim. The purpose of the committee shall be to do all of the following:
   a.  Study the disclosure of information contained in officer personnel files as such information relates to a Brady-Giglio list.
   b.  Study the efficiency of implementing a statewide system for a Brady-Giglio list, identifying impartial entities to conduct investigations pertaining to an officer’s acts or omissions to act, and recommending the appropriate procedures, due process protections, appeal rights, and criteria for the placement and removal of an officer’s name on and from a Brady-Giglio list.
   c.  Study any other issues that the committee determines relevant to its objective. The committee may solicit the advice or testimony of any organization or individual with information or expertise relevant to the purpose of the committee.
   2.  The committee shall consist of three members of the senate appointed by the majority leader of the senate, two members of the senate appointed by the minority leader of the senate, three members of the house of representatives appointed by the speaker of the house of representatives, and two members of the house of representatives appointed by the minority leader of the house of representatives. Additional committee members shall include the commissioner of the department of public safety or the commissioner’s designee, a district court judge appointed by the supreme court, and representatives from all of the following: the Iowa county attorneys association, the Iowa sheriffs and deputies association, the Iowa police chiefs association, the Iowa state police association, the Iowa peace officers association, the Iowa professional fire fighters, the Iowa state troopers association, and the Iowa state patrol supervisors association. The Iowa sheriffs and deputies association member representative shall be an officer who does not hold rank.
   3.  The committee shall elect a chairperson from the members appointed.
   4.  The committee shall issue a report, including findings and recommendations, to the governor and the general assembly no later than December 16, 2021.
   5.  For the purposes of this section, “Brady-Giglio list” means a list of officers maintained by the county attorney’s office, including officers who may not have disclosed all impeachment information and officers who may have violated the pretrial discovery rule requiring officers to turn over all evidence that might be used to exonerate a defendant.
DIVISION XI
QUALIFIED IMMUNITY

   Sec. 22.  Section 669.14, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  Any claim based upon an act or omission of an employee of the state, exercising due care, in the execution of or enforcement of any law.
   Sec. 23.  Section 670.2, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  An employee is not personally liable for a claim based upon an act or omission of the person taken in execution or enforcement of any law except for acts or omissions which involve intentional misconduct or knowing violations of the law.
   Sec. 24.  Section 670.7, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  The governing body of a municipality shall purchase and maintain insurance or join a local government risk pool pursuant to this section for claims for punitive damages in tort actions for wrongful death, excessive force, and arrest filed without probable cause against its law enforcement and public safety officers, employees, and volunteers, whether elected or appointed, arising out of an alleged act or omission occurring within the scope of such a person’s employment or duties. The governing body may purchase and maintain insurance or join a local government risk pool for claims for punitive damages against its law enforcement and public safety officers, employees, and persons who do not receive compensation for their services for other tort actions. This subsection does not waive a defense of governmental immunity to any claim or action brought against a law enforcement or public safety officer, employee, or a person who does not receive compensation for their services.
DIVISION XII
PEACE OFFICER BILL OF RIGHTS

   Sec. 25.  Section 80F.1, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  A formal administrative investigation, informal inquiry, or interview under this chapter shall not be conducted unless a complaint is filed within one hundred eighty days after the alleged action occurred.
   Sec. 26.  Section 80F.1, subsections 13 and 19, Code 2021, are amended to read as follows:
   13.  An officer shall have the right to pursue civil remedies under the law against a citizen arising from the filing of a false complaint against the officer In addition to any other remedies available, an officer shall have the right to pursue civil remedies under the law against any person, group of persons, employer, organization, or corporation for damages arising from the filing of a false complaint or any other violation of this chapter including but not limited to actual damages, court costs, and reasonable attorney fees.
   19.  If a formal administrative investigation results in removal, discharge, suspension, or disciplinary action against an officer, and the officer alleges in writing a violation of the provisions of this section, the municipality, county, or state agency employing the officer shall hold in abeyance for a period of ten days any punitive action taken as a result of the investigation, including a reprimand, until the conclusion of any appeal or grievance exercised by the officer. An allegation of a violation of this section may be raised and given due consideration in any properly authorized grievance or appeal exercised by an officer, including but not limited to a grievance or appeal exercised pursuant to the terms of an applicable collective bargaining agreement and an appeal right exercised under section 341A.12 or 400.20.
DIVISION XIII
LAW ENFORCEMENT DATA COLLECTION AND REPORTING

   Sec. 27.  NEW SECTION.  27B.1  Law enforcement data collection and reporting.
   1.  Every state and local law enforcement agency shall collect and compile data on each traffic, bicycle, or pedestrian stop conducted by its officers, and shall report the data to the attorney general on or before July 1 of each year, subject to subsection 3. All of the following information shall be collected and compiled for each stop, including but not limited to stops that involve questioning or a driver’s license or motor vehicle registration check but that do not result in the issuance of a written citation or warning:
   a.  The time, date, location, and duration of the stop.
   b.  The reason for the stop.
   c.  Whether the officer performed a driver’s license or motor vehicle registration check.
   d.  Whether the officer issued a citation or an oral or written warning.
   e.  The offense for which the individual was warned, cited, or arrested, if applicable.
   f.  The race, ethnicity, sex, and approximate age of the individual, and whether English is the individual’s primary language. The identification of these characteristics shall be based primarily on information obtained from the individual’s driver’s license or nonoperator’s identification card and secondarily on the observations and perceptions of the officer performing the stop. The officer shall not be required to inquire about the individual’s race or ethnicity, or whether English is the individual’s primary language, and shall rely principally on such information encrypted on the individual’s driver’s license or nonoperator’s identification card pursuant to section 321.189 or 321.190. The identifying characteristics of any passenger in the motor vehicle shall also be reported if the stop involved the passenger and the officer performed a search.
   g.  Whether the officer asked for consent to search the individual or vehicle and whether the individual consented to the search; whether the officer searched the individual, the vehicle, or any property, and the basis for the search; and whether the officer seized any property, a description of the property seized, and the basis for seizing the property.
   h.  Whether the officer used physical force against the individual and whether the individual used physical force against the officer.
   i.  Any other information which the officer or law enforcement agency considers appropriate.
   2.  The attorney general shall develop a standardized form to be used by law enforcement agencies in collecting, compiling, and reporting the information pursuant to subsection 1. 
   3.  a.  Every state law enforcement agency, every local law enforcement agency with jurisdiction over a county, and every local law enforcement agency with jurisdiction over a city with a population of four thousand five hundred or more shall submit its first report to the attorney general on or before July 1, 2021. 
   b.  Every local law enforcement agency with jurisdiction over a city with a population of at least two thousand five hundred but less than four thousand five hundred shall submit its first report to the attorney general on or before July 1, 2022.
   c.  Every local law enforcement agency with jurisdiction over a city with a population of less than two thousand five hundred shall submit its first report to the attorney general on or before July 1, 2023. 
   4.  a.  Except as otherwise provided by law, a law enforcement agency shall not grant access to any personal identifying information contained in the data collected by the agency to any person except a federal, state, local, or tribal government employee or agent who requires access to such information in order to collect, compile, and report the data in accordance with this section.
   b.  A law enforcement agency may permit a contractor or nongovernmental entity to access personal identifying information contained in the data if the contractor or nongovernmental entity signs an agreement with the agency which prohibits further disclosure of the personal identifying information by the contractor or nongovernmental entity, and if the contractor or nongovernmental entity is required by the agreement to maintain adequate security measures to prevent unauthorized access to the personal identifying information.
   5.  On or before December 15, 2021, and each year thereafter, the attorney general shall publish a report on the attorney general’s internet site containing the compiled data and reports received by the attorney general pursuant to this section for the period ending July 1 of the calendar year in which the report is published. The report shall not contain any unique personal identifying information of any peace officer or other person involved in a particular incident, including but not limited to names and badge numbers.
   Sec. 28.  Section 321.189, subsection 2, paragraph a, Code 2021, is amended to read as follows:
   a.  Appearing on the driver’s license shall be a distinguishing number assigned to the licensee; the licensee’s full name, date of birth, sex, and residence address; a color photograph; a physical description of the licensee; the name of the state; the dates of issuance and expiration; and the usual signature of the licensee. The license shall identify the class of vehicle the licensee may operate and the applicable endorsements and restrictions which the department shall require by rule.  The licensee’s race and ethnicity, and whether English is the licensee’s primary language, shall be encrypted on the back of the license.
   Sec. 29.  Section 321.190, subsection 1, paragraph a, Code 2021, is amended to read as follows:
   a.  The department shall, upon application and payment of the required fee, issue to an applicant a nonoperator’s identification card. To be valid the card shall bear a distinguishing number other than a social security number assigned to the cardholder, the full name, date of birth, sex, residence address, a physical description and a color photograph of the cardholder, the usual signature of the cardholder, and such other information as the department may require by rule.  The card shall also contain the cardholder’s race and ethnicity, and whether English is the cardholder’s primary language, encrypted on the back of the card. An applicant for a nonoperator’s identification card shall apply for the card in the manner provided in section 321.182, subsections 1 through 3. The card shall be issued to the applicant at the time of application pursuant to procedures established by rule. An applicant for a nonoperator’s identification card who is required by 50 U.S.C. app. §451 et seq. to register with the United States selective service system shall be registered by the department with the selective service system as provided in section 321.183.>
   3.  Title page, by striking line 1 and inserting <An Act relating to public records including confidentiality and access; uniform commercial code filings; certain employment matters including certain benefits, workers’ compensation, civil service examinations, and sheriff salaries; certain confidential communications; qualified immunity; and law enforcement including peace officers and the carrying of firearms, officer disciplinary actions, peace officers’ bill of rights, and law enforcement data collection and reporting; and providing of penalties.>>

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NATE BOULTON