Senate
File
431
-
Introduced
SENATE
FILE
431
BY
QUIRMBACH
,
T.
TAYLOR
,
LYKAM
,
WAHLS
,
CELSI
,
J.
SMITH
,
BOULTON
,
JOCHUM
,
PETERSEN
,
and
BOLKCOM
A
BILL
FOR
An
Act
providing
time
off
from
work
to
attend
presidential
1
precinct
caucuses,
making
penalties
applicable,
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
39A.5,
subsection
1,
paragraph
b,
Code
1
2019,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(4)
As
an
employer,
denying
an
employee
3
the
privilege
conferred
by
section
43.91A
to
attend
a
precinct
4
caucus,
or
subjecting
an
employee
to
a
penalty
because
of
the
5
exercise
of
that
privilege.
6
Sec.
2.
NEW
SECTION
.
43.91A
Employees
entitled
to
time
to
7
participate
in
presidential
precinct
caucuses.
8
1.
Any
person
entitled
to
participate
in
a
precinct
caucus
9
held
as
part
of
the
presidential
nominating
process
in
this
10
state
who
is
required
to
be
present
at
work
for
an
employer
11
during
the
four-hour
period
starting
one
hour
prior
to
the
time
12
the
precinct
caucus
starts
is
entitled
to
take
unpaid
leave
for
13
as
much
of
that
four-hour
period
as
is
necessary
to
participate
14
in
the
precinct
caucus
except
as
provided
by
this
section.
15
Application
by
any
employee
for
such
absence
shall
be
made
to
16
the
employee’s
employer
individually
and
in
writing
at
least
17
two
weeks
prior
to
the
time
the
precinct
caucus
is
scheduled
to
18
start.
The
employee
shall
not
be
liable
for
any
loss
of
wages
19
or
salary
or
any
other
penalty
except
for
the
loss
of
wages
or
20
salary
for
the
hours
of
unpaid
leave
actually
used.
21
2.
a.
An
application
by
an
employee
for
an
absence
may
be
22
denied
by
an
employer
if
all
the
following
circumstances
exist:
23
(1)
The
person
is
employed
in
an
emergency
services
position
24
which
shall
include
peace
officer,
fire
fighter,
emergency
25
medical
personnel,
and
any
other
position
that
affects
the
26
protection
of
public
health
or
safety,
or
is
employed
by
an
27
entity
that
would
experience
severe
economic
or
operational
28
disruption
due
to
the
person’s
absence.
29
(2)
The
employer
filed
a
written
notice
with
the
30
commissioner
at
least
seven
days
prior
to
the
date
of
the
31
precinct
caucus
specifying
exigent
circumstances
justifying
the
32
denial
of
such
leave
for
personnel
described
in
subparagraph
33
(1)
and
declaring
the
minimum
number
of
such
personnel,
34
by
position,
needed
to
protect
public
health
and
safety
or
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maintain
minimum
operational
capacity,
as
applicable.
A
copy
1
of
this
written
notice
shall
be
provided
to
employees
of
the
2
employer.
3
(3)
The
number
of
persons
employed
in
a
position
that
did
4
not
apply
for
an
absence
is
less
than
the
minimum
number
of
5
persons
in
that
position
needed
by
the
employer
to
protect
6
public
health
and
safety
or
maintain
minimum
operational
7
capacity,
as
applicable.
8
b.
If
the
circumstances
in
paragraph
“a”
exist
as
to
a
9
particular
position
of
the
employer,
then
the
employer
may
deny
10
the
minimum
number
of
employees
in
that
position
applying
for
11
an
absence
that
is
needed
to
yield
the
minimum
staffing
level
12
for
that
position
as
specified
in
the
written
notice
to
the
13
commissioner.
The
selection
of
which
employees
applying
for
14
an
absence
shall
be
denied
an
absence
shall
be
made
without
15
regard
to
political
party
affiliation,
political
belief,
or
16
affiliation
with
or
support
for
any
candidate,
or
for
any
of
17
the
grounds
for
which
employment
discrimination
is
prohibited
18
in
this
state.
19
3.
This
section
shall
not
be
construed
to
prohibit
an
20
employer
from
doing
any
of
the
following:
21
a.
Authorizing
paid
leave
to
all
affected
employees.
22
b.
Allowing
all
affected
employees
the
option
to
work
23
additional
compensatory
hours
to
the
extent
otherwise
permitted
24
by
law,
at
a
time
designated
by
the
employer
not
in
conflict
25
with
the
time
needed
for
caucus
participation,
equal
in
number
26
to
the
number
of
hours
taken
to
participate
in
the
presidential
27
precinct
caucus
as
provided
in
subsection
1.
The
option
of
28
working
compensatory
hours
may
be
exercised
individually
by
29
each
employee.
Work
performed
during
the
compensatory
hours
30
shall
be
compensated
in
the
same
manner
as
work
performed
31
during
regular
hours.
32
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
33
immediate
importance,
takes
effect
upon
enactment.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
provides
that
a
person
shall
be
entitled
to
unpaid
3
time
off
from
work
to
attend
a
presidential
precinct
caucus
4
for
up
to
four
hours
beginning
one
hour
prior
to
the
start
5
of
the
precinct
caucus.
The
bill
provides
that
the
employee
6
shall
make
a
written
application
with
their
employer
for
such
7
absence
two
weeks
prior
to
the
caucus
and
the
employee
is
not
8
liable
for
any
penalty
nor
shall
any
deduction
be
made
from
the
9
person’s
regular
salary
or
wages
except
for
the
period
of
time
10
of
the
absence.
11
The
bill
provides
that
the
requirement
to
allow
time
off
12
does
not
apply
if
the
person
is
employed
in
a
position
that
13
affects
the
protection
of
public
health
or
safety
or
by
an
14
entity
that
would
experience
severe
economic
disruption
due
15
to
the
person’s
absence.
Such
employer
must
file
a
written
16
notice
with
the
county
commissioner
of
elections
specifying
the
17
exigent
circumstances
justifying
the
denial
of
such
leave
and
18
the
minimum
number
of
persons
needed,
by
position,
to
protect
19
public
health
and
safety
or
maintain
minimum
operational
20
capacity,
and
that
the
number
of
persons
not
applying
for
leave
21
is
less
than
the
minimum
number
specified
by
the
employer.
22
The
denial
of
leave
for
those
number
of
persons
needed
to
23
reach
the
minimum
staffing
number
specified
must
be
done
in
a
24
nondiscriminatory
manner.
25
The
bill
also
permits
an
employer,
in
lieu
of
providing
26
unpaid
leave,
to
provide
paid
leave
for
the
absence
or
to
allow
27
affected
employees
the
option
to
work
the
hours
of
the
absence
28
at
another
time
to
the
extent
permitted
by
law
so
long
as
29
either
option
is
made
available
to
all
affected
employees.
30
The
bill
provides
that
an
employer
who
denies
an
employee
31
the
privilege
conferred
by
this
bill
to
attend
a
presidential
32
precinct
caucus
commits
election
misconduct
in
the
fourth
33
degree,
a
simple
misdemeanor.
A
simple
misdemeanor
is
34
punishable
by
confinement
for
no
more
than
30
days
or
a
fine
of
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at
least
$65
but
not
more
than
$625
or
by
both.
1
The
bill
takes
effect
upon
enactment.
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