House File 2559 S-5163 Amend the amendment, S-5152, to House File 2559, as amended, 1 passed, and reprinted by the House, as follows: 2 1. Page 22, after line 10 by inserting: 3 < DIVISION ___ 4 COLLECTIVE BARGAINING 5 Sec. ___. Section 20.1, subsection 2, paragraph a, Code 6 2022, is amended to read as follows: 7 a. Determining appropriate bargaining units , amending 8 the composition of previously determined bargaining units 9 represented by a certified employee organization, reconsidering 10 and altering the composition of previously determined 11 bargaining units which are not represented by a certified 12 employee organization, and conducting representation elections. 13 Sec. ___. Section 20.3, subsection 11, Code 2022, is amended 14 by adding the following new paragraphs: 15 NEW PARAGRAPH . g. An employee of the Iowa department of 16 corrections who is responsible for the custody and supervision 17 of inmates through ongoing direct inmate contact, to enforce 18 and maintain discipline, safety, and security within a 19 correctional facility. 20 NEW PARAGRAPH . h. A jailer or detention officer who 21 performs duties as a jailer, including but not limited to the 22 transportation of inmates, who is certified as having completed 23 jailer training pursuant to chapter 80B, and who is employed 24 by a county as a jailer. 25 NEW PARAGRAPH . i. An emergency dispatcher for a county 26 sheriff. 27 NEW PARAGRAPH . j. A probation or parole officer employed by 28 the Iowa department of corrections. 29 NEW PARAGRAPH . k. A residential officer employed by 30 the department of corrections working at a community-based 31 corrections residential facility. 32 Sec. ___. Section 20.13, Code 2022, is amended to read as 33 follows: 34 20.13 Bargaining unit determination , amendment, and 35 -1- S 5152.4546 (2) 89 as/tm 1/ 11 #1.

reconsideration . 1 1. Board The board’s determination of an appropriate 2 bargaining unit shall be upon petition filed by a public 3 employer, public employee, or employee organization. Except 4 as provided in subsection 4, the board’s amendment of the 5 composition of a represented bargaining unit shall be upon 6 petition filed by the employer or certified representative 7 of the bargaining unit. The board’s reconsideration of the 8 composition of a previously determined bargaining unit which is 9 not represented by a certified representative shall be upon the 10 combined petition of an employee organization which also seeks 11 a representation election pursuant to section 20.14, subsection 12 2. 13 2. Within thirty days of receipt of a petition, the board 14 shall conduct a public hearing, receive written or oral 15 testimony, and promptly thereafter file an order defining 16 the appropriate bargaining unit , amending or refusing to 17 amend the composition of a represented bargaining unit or 18 reconsidering and altering or refusing to alter the composition 19 of an unrepresented bargaining unit . In defining the unit, 20 or determining whether a unit should be amended or altered 21 in response to a petition for amendment or reconsideration, 22 the board shall take into consideration, along with other 23 relevant factors, the principles of efficient administration 24 of government, the existence of a community of interest among 25 public employees, the history and extent of public employee 26 organization, geographical location, and the recommendations 27 of the parties involved. 28 3. Appeals from such order shall be governed by the 29 provisions of chapter 17A . 30 4. 3. Professional and nonprofessional employees shall not 31 be included in the same bargaining unit unless a majority of 32 both agree. 33 4. Notwithstanding the provisions of subsection 1, a 34 petition to amend the composition of a represented bargaining 35 -2- S 5152.4546 (2) 89 as/tm 2/ 11

unit by the removal of public safety employees may be filed 1 by a public safety employee who is a member of the bargaining 2 unit. If the petition is accompanied by evidence satisfactory 3 to the board that the public safety employees in the bargaining 4 unit do not constitute at least thirty percent of the employees 5 in the unit and that a majority of the public safety employees 6 in the unit support the petition, the board shall conduct 7 a hearing within thirty days of its finding such evidence 8 satisfactory and shall promptly thereafter issue an order 9 granting or denying the requested amendment. If the board 10 amends the composition of the bargaining unit by removing 11 public safety employees, those employees may immediately be the 12 subject of a separate bargaining unit determination petition 13 filed in accordance with subsection 1. 14 5. Appeals from such orders shall be governed by the 15 provisions of chapter 17A. 16 Sec. ___. Section 20.15, Code 2022, is amended by striking 17 the section and inserting in lieu thereof the following: 18 20.15 Elections. 19 1. Upon the filing of a petition for certification of an 20 employee organization, the board shall submit a question to 21 the public employees at an election in the bargaining unit 22 found appropriate by the board. The question on the ballot 23 shall permit the public employees to vote for no bargaining 24 representation or for any employee organization which has 25 petitioned for certification or which has presented proof 26 satisfactory to the board of support of ten percent or more of 27 the public employees in the appropriate unit. 28 2. If a majority of the votes cast on the question is 29 for no bargaining representation, the public employees in 30 the bargaining unit found appropriate by the board shall not 31 be represented by an employee organization. If a majority 32 of the votes cast on the question is for a listed employee 33 organization, then that employee organization shall represent 34 the public employees in the bargaining unit found appropriate 35 -3- S 5152.4546 (2) 89 as/tm 3/ 11

by the board. 1 3. If none of the choices on the ballot receives the vote 2 of a majority of the public employees voting, the board shall 3 conduct a runoff election among the two choices receiving the 4 greatest number of votes. 5 4. Upon written objections filed by any party to the 6 election within ten days after notice of the results of 7 the election, if the board finds that misconduct or other 8 circumstances prevented the public employees eligible to 9 vote from freely expressing their preferences, the board may 10 invalidate the election and hold a second election for the 11 public employees. 12 5. Upon completion of a valid election in which the majority 13 choice of the employees voting is determined, the board shall 14 certify the results of the election and shall give reasonable 15 notice of the order to all employee organizations listed on the 16 ballot, the public employers, and the public employees in the 17 appropriate bargaining unit. 18 6. a. A petition for certification as exclusive bargaining 19 representative of a bargaining unit shall not be considered 20 by the board for a period of one year from the date of the 21 noncertification of an employee organization as the exclusive 22 bargaining representative of that bargaining unit following a 23 certification election. A petition for certification as the 24 exclusive bargaining representative of a bargaining unit shall 25 also not be considered by the board if the bargaining unit is 26 at that time represented by a certified exclusive bargaining 27 representative. 28 b. A petition for the decertification of the exclusive 29 bargaining representative of a bargaining unit shall not be 30 considered by the board for a period of one year from the date 31 of its certification, or within one year of its continued 32 certification following a decertification election, or during 33 the duration of a collective bargaining agreement which, for 34 purposes of this section, shall be deemed not to exceed two 35 -4- S 5152.4546 (2) 89 as/tm 4/ 11

years. However, if a petition for decertification is filed 1 during the duration of a collective bargaining agreement, the 2 board shall award an election under this section not more than 3 one hundred eighty days and not less than one hundred fifty 4 days prior to the expiration of the collective bargaining 5 agreement. If an employee organization is decertified, the 6 board may receive petitions under section 20.14, provided that 7 no such petition and no election conducted pursuant to such 8 petition within one year from decertification shall include as 9 a party the decertified employee organization. 10 7. A collective bargaining agreement with the state, its 11 boards, commissions, departments, and agencies shall be for two 12 years. The provisions of a collective bargaining agreement or 13 arbitrator’s award affecting state employees shall not provide 14 for renegotiations which would require the refinancing of 15 salary and fringe benefits for the second year of the term of 16 the agreement, except as provided in section 20.17, subsection 17 6. The effective date of any such agreement shall be July 1 of 18 odd-numbered years, provided that if an exclusive bargaining 19 representative is certified on a date which will prevent the 20 negotiation of a collective bargaining agreement prior to 21 July 1 of odd-numbered years for a period of two years, the 22 certified collective bargaining representative may negotiate 23 a one-year contract with the public employer which shall be 24 effective from July 1 of the even-numbered year to July 1 25 of the succeeding odd-numbered year when new contracts shall 26 become effective. 27 Sec. ___. Section 22.7, subsections 69 and 70, Code 2022, 28 are amended to read as follows: 29 69. The evidence of public employee support for 30 the certification , retention and recertification, or 31 decertification of an employee organization as defined in 32 section 20.3 that is submitted to the public employment 33 relations board as provided in section 20.14 or 20.15 . 34 70. Information indicating whether a public employee 35 -5- S 5152.4546 (2) 89 as/tm 5/ 11

voted in a certification , retention and recertification, or 1 decertification election held pursuant to section 20.15 or 2 how the employee voted on any question on a ballot in such an 3 election. 4 Sec. ___. Section 602.1401, subsection 3, paragraph b, Code 5 2022, is amended to read as follows: 6 b. For purposes of chapter 20 , the certified representative, 7 which on July 1, 1983, represents employees who become judicial 8 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 9 remain the certified representative when the employees become 10 judicial branch employees and thereafter, unless the public 11 employee organization is not retained and recertified or is 12 decertified in an election held under section 20.15 or amended 13 or absorbed into another certified organization pursuant to 14 chapter 20 . Collective bargaining negotiations shall be 15 conducted on a statewide basis and the certified employee 16 organizations which engage in bargaining shall negotiate on a 17 statewide basis, although bargaining units shall be organized 18 by judicial district. The public employment relations board 19 shall adopt rules pursuant to chapter 17A to implement this 20 subsection . 21 Sec. ___. Section 905.4, subsection 2, Code 2022, is amended 22 to read as follows: 23 2. Employ a director having the qualifications required by 24 section 905.6 to head the district department’s community-based 25 correctional program and, within a range established by the 26 Iowa department of corrections, fix the compensation of and 27 have control over the director and the district department’s 28 staff. For purposes of collective bargaining under chapter 29 20 , employees of the district board who are not exempt from 30 chapter 20 are employees of the state, and the employees of all 31 of the district boards shall be included within one collective 32 bargaining unit. Furthermore, employees of the district board 33 shall be considered state employees for purposes of section 34 8A.415, subsection 2. 35 -6- S 5152.4546 (2) 89 as/tm 6/ 11

Sec. ___. DIRECTIVES TO PUBLIC EMPLOYMENT RELATIONS BOARD. 1 1. The public employment relations board shall cancel any 2 elections scheduled or in process pursuant to section 20.15, 3 subsection 2, Code 2022, as of the effective date of this 4 division of this Act. 5 2. Notwithstanding section 20.15, subsection 1, paragraph 6 “c”, Code 2022, the public employment relations board 7 shall consider a petition for certification of an employee 8 organization as the exclusive representative of a bargaining 9 unit for which an employee organization was not retained and 10 recertified as the exclusive representative of that bargaining 11 unit regardless of the amount of time that has elapsed since 12 the retention and recertification election at which an employee 13 organization was not retained or recertified. 14 DIVISION ___ 15 HEALTH INSURANCE COVERAGE —— SURVIVING SPOUSE AND CHILDREN OF 16 CERTAIN DEPARTMENT OF CORRECTIONS EMPLOYEES 17 Sec. ___. Section 509A.13D, subsection 3, Code 2022, is 18 amended to read as follows: 19 3. The governing body of the state shall not be required 20 to pay for the full cost of the health insurance under this 21 section ; however, the governing body of the state may pay the 22 full cost or a portion of the cost of the health insurance . If 23 the full cost or a portion of the cost of the coverage is not 24 paid by the governing body of the state, the surviving spouse 25 and each surviving child who is eligible for health insurance 26 under this section may elect to continue coverage by paying 27 that portion of the cost of the health insurance not paid by 28 the governing body of the state. 29 DIVISION ___ 30 ASSAULTS ON PERSONS ENGAGED IN CERTAIN OCCUPATIONS 31 Sec. ___. Section 708.3A, subsections 3 and 4, Code 2022, 32 are amended to read as follows: 33 3. A person who commits an assault, as defined in section 34 708.1 , against a peace officer, jailer, correctional staff, 35 -7- S 5152.4546 (2) 89 as/tm 7/ 11

member or employee of the board of parole, health care 1 provider, employee of the department of human services, 2 employee of the department of revenue, civilian employee of a 3 law enforcement agency, civilian employee of a fire department, 4 or fire fighter, whether paid or volunteer, who knows that 5 the person against whom the assault is committed is a peace 6 officer, jailer, correctional staff, member or employee of 7 the board of parole, health care provider, employee of the 8 department of human services, employee of the department 9 of revenue, civilian employee of a law enforcement agency, 10 civilian employee of a fire department, or fire fighter, and 11 who causes bodily injury or mental illness, is guilty of an 12 aggravated misdemeanor a class “D” felony . 13 4. Any other assault, as defined in section 708.1 , committed 14 against a peace officer, jailer, correctional staff, member 15 or employee of the board of parole, health care provider, 16 employee of the department of human services, employee of the 17 department of revenue, civilian employee of a law enforcement 18 agency, civilian employee of a fire department, or fire 19 fighter, whether paid or volunteer, by a person who knows 20 that the person against whom the assault is committed is a 21 peace officer, jailer, correctional staff, member or employee 22 of the board of parole, health care provider, employee of 23 the department of human services, employee of the department 24 of revenue, civilian employee of a law enforcement agency, 25 civilian employee of a fire department, or fire fighter, is a 26 serious misdemeanor an aggravated misdemeanor . 27 Sec. ___. Section 708.3A, Code 2022, is amended by adding 28 the following new subsections: 29 NEW SUBSECTION . 4A. Any person who commits an assault, 30 as defined in section 708.1, against a jailer or correctional 31 staff while the person is in the custody and control of the 32 department of corrections in a correctional institution, 33 community-based correctional facility, or an institution under 34 the management of the Iowa department of corrections which 35 -8- S 5152.4546 (2) 89 as/tm 8/ 11

is used for the purposes of confinement of persons who have 1 committed public offenses, or a county jail or other facility 2 used for purposes of confinement of persons who have committed 3 public offenses, shall, upon conviction of a violation of 4 this section, in addition to any other sentence imposed, lose 5 one-half of all earned time accumulated pursuant to section 6 903A.2 for a first conviction, and shall lose all earned 7 time accumulated pursuant to section 903A.2 for a second or 8 subsequent conviction. 9 NEW SUBSECTION . 4B. If the county attorney of the county 10 where a violation of this section occurs against a jailer 11 or correctional staff by a person who is in the custody 12 and control of the department of corrections while in any 13 correctional institution or a county jail or other facility 14 used for purposes of confinement fails to prosecute the case 15 against the person, the area prosecutions division of the 16 attorney general’s office may elect to prosecute the case. 17 DIVISION ___ 18 DEPARTMENT OF CORRECTIONS 19 Sec. ___. Section 904.108, subsection 1, Code 2022, is 20 amended by adding the following new paragraphs: 21 NEW PARAGRAPH . p. Establish a training program for 22 employees of the department with ongoing direct contact with 23 inmates in self-defense and other de-escalation techniques when 24 confronted with potentially violent interactions involving 25 inmates. The training program shall include an in-person 26 component. 27 NEW PARAGRAPH . q. Establish uniform safety practices to 28 be implemented at all correctional institutions under the 29 control of the department that provide guidelines designed to 30 protect the safety of employees and inmates at correctional 31 institutions. 32 NEW PARAGRAPH . r. Adopt rules to allow an employee of 33 the department who has witnessed a trauma event to take 34 between five and thirty days of paid leave depending upon the 35 -9- S 5152.4546 (2) 89 as/tm 9/ 11

severity of the trauma event. If the appointing authority of a 1 correctional institution determines that an employee has been 2 held hostage, the employee shall be eligible for a paid leave 3 of absence of up to ninety days, as determined by a licensed 4 physician, to allow for recovery from mental and physical 5 stress and any related conditions. Such paid leave shall not 6 be charged against the employee’s sick leave account. 7 NEW PARAGRAPH . s. Establish protocols for allowing 8 employees of the department with ongoing direct contact with 9 inmates access to information identified in section 904.602, 10 subsection 2, for purposes of the administration of the 11 department’s programs of services or assistance to inmates. 12 Sec. ___. DEPARTMENT OF CORRECTIONS —— CONTRACT 13 EMPLOYEES. The Iowa department of corrections shall not enter 14 into an employment contract with a person to perform a function 15 of the department and provide the contract employee with pay or 16 benefits in excess of pay and benefits provided an employee of 17 the state performing similar work. 18 Sec. ___. DEPARTMENT OF CORRECTIONS —— CONTRABAND AND 19 SURVEILLANCE CAMERAS —— TRAUMA EVENTS. 20 1. For fiscal years beginning on or after July 1, 2022, 21 the department of corrections shall increase funding for 22 screening for contraband and surveillance cameras at all state 23 correctional facilities and for upgrades to provide for an 24 enhanced technology system to improve the safety and efficiency 25 of operations at all state correctional facilities. 26 2. The department of corrections shall amend its 27 administrative rules pursuant to chapter 17A to allow an 28 employee of the department who has witnessed a trauma event to 29 take between five and thirty days of paid leave depending upon 30 the severity of the trauma event. If the appointing authority 31 of a correctional institution determines that an employee 32 has been held hostage, the employee shall be eligible for a 33 paid leave of absence of up to ninety days, as determined by 34 a licensed physician, to allow for recovery from stress and 35 -10- S 5152.4546 (2) 89 as/tm 10/ 11