House File 366 - Introduced



                                       HOUSE FILE       
                                       BY  GAYMAN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act allowing time off to attend presidential precinct caucuses
  2    and making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2373HH 83
  5 ec/nh/8

PAG LIN



  1  1    Section 1.  Section 39A.5, subsection 1, paragraph b, Code
  1  2 2009, is amended by adding the following new subparagraph:
  1  3    NEW SUBPARAGRAPH.  (3)  As an employer, denying an employee
  1  4 the privilege conferred by section 43.4 to attend a precinct
  1  5 caucus, or subjecting an employee to a penalty or reduction of
  1  6 wages because of the exercise of that privilege.
  1  7    Sec. 2.  Section 43.4, Code 2009, is amended by adding the
  1  8 following new unnumbered paragraph:
  1  9    NEW UNNUMBERED PARAGRAPH.  Any person entitled to
  1 10 participate in a precinct caucus held as part of the
  1 11 presidential nominating process in this state who is required
  1 12 to be present at work for an employer during the three=hour
  1 13 period starting thirty minutes prior to the time the precinct
  1 14 caucus starts is entitled to such time off from work to
  1 15 participate in the precinct caucus.  Application by any
  1 16 employee for such absence shall be made to the employee's
  1 17 employer individually and in writing prior to the date of the
  1 18 precinct caucus, and the employer shall designate the period
  1 19 of time to be taken.  The employee is not liable for any
  1 20 penalty nor shall any deduction be made from the person's
  1 21 regular salary or wages on account of such absence.  This
  1 22 paragraph shall not apply if the person is employed in a
  1 23 position in which the absence of the person from work would
  1 24 affect public health or safety.
  1 25                           EXPLANATION
  1 26    This bill provides that a person shall be entitled to time
  1 27 off from work to attend a presidential precinct caucus for
  1 28 three hours beginning 30 minutes prior to the start of the
  1 29 precinct caucus.  The bill provides that the employee shall
  1 30 make a written application with their employer for such
  1 31 absence and the employee is not liable for any penalty nor
  1 32 shall any deduction be made from the person's regular salary
  1 33 or wages on account of such absence.  The bill provides that
  1 34 the requirement to allow time off does not apply if the person
  1 35 is employed in a position in which the absence of the person
  2  1 from work would affect public health or safety.
  2  2    The bill provides that an employer who denies an employee
  2  3 the privilege conferred by this bill to attend a presidential
  2  4 precinct caucus commits election misconduct in the fourth
  2  5 degree, a simple misdemeanor.  A simple misdemeanor is
  2  6 punishable by confinement for no more than 30 days or a fine
  2  7 of at least $65 but not more than $625 or by both.
  2  8 LSB 2373HH 83
  2  9 ec/nh/8