House File 2404 - Introduced HOUSE FILE 2404 BY PRICHARD A BILL FOR An Act relating to collective bargaining, health insurance for 1 a surviving spouse and children of certain employees of the 2 department of corrections, assaults on persons engaged in 3 certain occupations, and certain operational and employment 4 matters involving the department of corrections, and 5 providing penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5353YH (11) 89 as/rh

H.F. 2404 DIVISION I 1 COLLECTIVE BARGAINING 2 Section 1. Section 20.1, subsection 2, paragraph a, Code 3 2022, is amended to read as follows: 4 a. Determining appropriate bargaining units , amending 5 the composition of previously determined bargaining units 6 represented by a certified employee organization, reconsidering 7 and altering the composition of previously determined 8 bargaining units which are not represented by a certified 9 employee organization, and conducting representation elections. 10 Sec. 2. Section 20.3, subsection 11, Code 2022, is amended 11 by adding the following new paragraphs: 12 NEW PARAGRAPH . g. An employee of the Iowa department of 13 corrections who is responsible for the custody and supervision 14 of inmates through ongoing direct inmate contact, to enforce 15 and maintain discipline, safety, and security within a 16 correctional facility. 17 NEW PARAGRAPH . h. A jailer or detention officer who 18 performs duties as a jailer, including but not limited to the 19 transportation of inmates, who is certified as having completed 20 jailer training pursuant to chapter 80B, and who is employed 21 by a county as a jailer. 22 NEW PARAGRAPH . i. An emergency dispatcher for a county 23 sheriff. 24 NEW PARAGRAPH . j. A probation or parole officer employed by 25 the Iowa department of corrections. 26 NEW PARAGRAPH . k. A residential officer employed by 27 the department of corrections working at a community-based 28 corrections residential facility. 29 Sec. 3. Section 20.13, Code 2022, is amended to read as 30 follows: 31 20.13 Bargaining unit determination , amendment, and 32 reconsideration . 33 1. Board The board’s determination of an appropriate 34 bargaining unit shall be upon petition filed by a public 35 -1- LSB 5353YH (11) 89 as/rh 1/ 13

H.F. 2404 employer, public employee, or employee organization. Except 1 as provided in subsection 4, the board’s amendment of the 2 composition of a represented bargaining unit shall be upon 3 petition filed by the employer or certified representative 4 of the bargaining unit. The board’s reconsideration of the 5 composition of a previously determined bargaining unit which is 6 not represented by a certified representative shall be upon the 7 combined petition of an employee organization which also seeks 8 a representation election pursuant to section 20.14, subsection 9 2. 10 2. Within thirty days of receipt of a petition, the board 11 shall conduct a public hearing, receive written or oral 12 testimony, and promptly thereafter file an order defining 13 the appropriate bargaining unit , amending or refusing to 14 amend the composition of a represented bargaining unit or 15 reconsidering and altering or refusing to alter the composition 16 of an unrepresented bargaining unit . In defining the unit, 17 or determining whether a unit should be amended or altered 18 in response to a petition for amendment or reconsideration, 19 the board shall take into consideration, along with other 20 relevant factors, the principles of efficient administration 21 of government, the existence of a community of interest among 22 public employees, the history and extent of public employee 23 organization, geographical location, and the recommendations 24 of the parties involved. 25 3. Appeals from such order shall be governed by the 26 provisions of chapter 17A . 27 4. 3. Professional and nonprofessional employees shall not 28 be included in the same bargaining unit unless a majority of 29 both agree. 30 4. Notwithstanding the provisions of subsection 1, a 31 petition to amend the composition of a represented bargaining 32 unit by the removal of public safety employees may be filed 33 by a public safety employee who is a member of the bargaining 34 unit. If the petition is accompanied by evidence satisfactory 35 -2- LSB 5353YH (11) 89 as/rh 2/ 13

H.F. 2404 to the board that the public safety employees in the bargaining 1 unit do not constitute at least thirty percent of the employees 2 in the unit and that a majority of the public safety employees 3 in the unit support the petition, the board shall conduct 4 a hearing within thirty days of its finding such evidence 5 satisfactory and shall promptly thereafter issue an order 6 granting or denying the requested amendment. If the board 7 amends the composition of the bargaining unit by removing 8 public safety employees, those employees may immediately be the 9 subject of a separate bargaining unit determination petition 10 filed in accordance with subsection 1. 11 5. Appeals from such orders shall be governed by the 12 provisions of chapter 17A. 13 Sec. 4. Section 20.15, Code 2022, is amended by striking the 14 section and inserting in lieu thereof the following: 15 20.15 Elections. 16 1. Upon the filing of a petition for certification of an 17 employee organization, the board shall submit a question to 18 the public employees at an election in the bargaining unit 19 found appropriate by the board. The question on the ballot 20 shall permit the public employees to vote for no bargaining 21 representation or for any employee organization which has 22 petitioned for certification or which has presented proof 23 satisfactory to the board of support of ten percent or more of 24 the public employees in the appropriate unit. 25 2. If a majority of the votes cast on the question is 26 for no bargaining representation, the public employees in 27 the bargaining unit found appropriate by the board shall not 28 be represented by an employee organization. If a majority 29 of the votes cast on the question is for a listed employee 30 organization, then that employee organization shall represent 31 the public employees in the bargaining unit found appropriate 32 by the board. 33 3. If none of the choices on the ballot receives the vote 34 of a majority of the public employees voting, the board shall 35 -3- LSB 5353YH (11) 89 as/rh 3/ 13

H.F. 2404 conduct a runoff election among the two choices receiving the 1 greatest number of votes. 2 4. Upon written objections filed by any party to the 3 election within ten days after notice of the results of 4 the election, if the board finds that misconduct or other 5 circumstances prevented the public employees eligible to 6 vote from freely expressing their preferences, the board may 7 invalidate the election and hold a second election for the 8 public employees. 9 5. Upon completion of a valid election in which the majority 10 choice of the employees voting is determined, the board shall 11 certify the results of the election and shall give reasonable 12 notice of the order to all employee organizations listed on the 13 ballot, the public employers, and the public employees in the 14 appropriate bargaining unit. 15 6. a. A petition for certification as exclusive bargaining 16 representative of a bargaining unit shall not be considered 17 by the board for a period of one year from the date of the 18 noncertification of an employee organization as the exclusive 19 bargaining representative of that bargaining unit following a 20 certification election. A petition for certification as the 21 exclusive bargaining representative of a bargaining unit shall 22 also not be considered by the board if the bargaining unit is 23 at that time represented by a certified exclusive bargaining 24 representative. 25 b. A petition for the decertification of the exclusive 26 bargaining representative of a bargaining unit shall not be 27 considered by the board for a period of one year from the date 28 of its certification, or within one year of its continued 29 certification following a decertification election, or during 30 the duration of a collective bargaining agreement which, for 31 purposes of this section, shall be deemed not to exceed two 32 years. However, if a petition for decertification is filed 33 during the duration of a collective bargaining agreement, the 34 board shall award an election under this section not more than 35 -4- LSB 5353YH (11) 89 as/rh 4/ 13

H.F. 2404 one hundred eighty days and not less than one hundred fifty 1 days prior to the expiration of the collective bargaining 2 agreement. If an employee organization is decertified, the 3 board may receive petitions under section 20.14, provided that 4 no such petition and no election conducted pursuant to such 5 petition within one year from decertification shall include as 6 a party the decertified employee organization. 7 7. A collective bargaining agreement with the state, its 8 boards, commissions, departments, and agencies shall be for two 9 years. The provisions of a collective bargaining agreement or 10 arbitrator’s award affecting state employees shall not provide 11 for renegotiations which would require the refinancing of 12 salary and fringe benefits for the second year of the term of 13 the agreement, except as provided in section 20.17, subsection 14 6. The effective date of any such agreement shall be July 1 of 15 odd-numbered years, provided that if an exclusive bargaining 16 representative is certified on a date which will prevent the 17 negotiation of a collective bargaining agreement prior to 18 July 1 of odd-numbered years for a period of two years, the 19 certified collective bargaining representative may negotiate 20 a one-year contract with the public employer which shall be 21 effective from July 1 of the even-numbered year to July 1 22 of the succeeding odd-numbered year when new contracts shall 23 become effective. 24 Sec. 5. Section 22.7, subsections 69 and 70, Code 2022, are 25 amended to read as follows: 26 69. The evidence of public employee support for 27 the certification , retention and recertification, or 28 decertification of an employee organization as defined in 29 section 20.3 that is submitted to the public employment 30 relations board as provided in section 20.14 or 20.15 . 31 70. Information indicating whether a public employee 32 voted in a certification , retention and recertification, or 33 decertification election held pursuant to section 20.15 or 34 how the employee voted on any question on a ballot in such an 35 -5- LSB 5353YH (11) 89 as/rh 5/ 13

H.F. 2404 election. 1 Sec. 6. Section 602.1401, subsection 3, paragraph b, Code 2 2022, is amended to read as follows: 3 b. For purposes of chapter 20 , the certified representative, 4 which on July 1, 1983, represents employees who become judicial 5 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 6 remain the certified representative when the employees become 7 judicial branch employees and thereafter, unless the public 8 employee organization is not retained and recertified or is 9 decertified in an election held under section 20.15 or amended 10 or absorbed into another certified organization pursuant to 11 chapter 20 . Collective bargaining negotiations shall be 12 conducted on a statewide basis and the certified employee 13 organizations which engage in bargaining shall negotiate on a 14 statewide basis, although bargaining units shall be organized 15 by judicial district. The public employment relations board 16 shall adopt rules pursuant to chapter 17A to implement this 17 subsection . 18 Sec. 7. Section 905.4, subsection 2, Code 2022, is amended 19 to read as follows: 20 2. Employ a director having the qualifications required by 21 section 905.6 to head the district department’s community-based 22 correctional program and, within a range established by the 23 Iowa department of corrections, fix the compensation of and 24 have control over the director and the district department’s 25 staff. For purposes of collective bargaining under chapter 26 20 , employees of the district board who are not exempt from 27 chapter 20 are employees of the state, and the employees of all 28 of the district boards shall be included within one collective 29 bargaining unit. Furthermore, employees of the district board 30 shall be considered state employees for purposes of section 31 8A.415, subsection 2. 32 Sec. 8. DIRECTIVES TO PUBLIC EMPLOYMENT RELATIONS BOARD. 33 1. The public employment relations board shall cancel any 34 elections scheduled or in process pursuant to section 20.15, 35 -6- LSB 5353YH (11) 89 as/rh 6/ 13

H.F. 2404 subsection 2, Code 2022, as of the effective date of this 1 division of this Act. 2 2. Notwithstanding section 20.15, subsection 1, paragraph 3 “c”, Code 2022, the public employment relations board 4 shall consider a petition for certification of an employee 5 organization as the exclusive representative of a bargaining 6 unit for which an employee organization was not retained and 7 recertified as the exclusive representative of that bargaining 8 unit regardless of the amount of time that has elapsed since 9 the retention and recertification election at which an employee 10 organization was not retained or recertified. 11 DIVISION II 12 HEALTH INSURANCE COVERAGE —— SURVIVING SPOUSE AND CHILDREN OF 13 CERTAIN DEPARTMENT OF CORRECTIONS EMPLOYEES 14 Sec. 9. Section 509A.13D, subsection 3, Code 2022, is 15 amended to read as follows: 16 3. The governing body of the state shall not be required 17 to pay for the full cost of the health insurance under this 18 section ; however, the governing body of the state may pay the 19 full cost or a portion of the cost of the health insurance . If 20 the full cost or a portion of the cost of the coverage is not 21 paid by the governing body of the state, the surviving spouse 22 and each surviving child who is eligible for health insurance 23 under this section may elect to continue coverage by paying 24 that portion of the cost of the health insurance not paid by 25 the governing body of the state. 26 DIVISION III 27 ASSAULTS ON PERSONS ENGAGED IN CERTAIN OCCUPATIONS 28 Sec. 10. Section 708.3A, subsections 3 and 4, Code 2022, are 29 amended to read as follows: 30 3. A person who commits an assault, as defined in section 31 708.1 , against a peace officer, jailer, correctional staff, 32 member or employee of the board of parole, health care 33 provider, employee of the department of human services, 34 employee of the department of revenue, civilian employee of a 35 -7- LSB 5353YH (11) 89 as/rh 7/ 13

H.F. 2404 law enforcement agency, civilian employee of a fire department, 1 or fire fighter, whether paid or volunteer, who knows that 2 the person against whom the assault is committed is a peace 3 officer, jailer, correctional staff, member or employee of 4 the board of parole, health care provider, employee of the 5 department of human services, employee of the department 6 of revenue, civilian employee of a law enforcement agency, 7 civilian employee of a fire department, or fire fighter, and 8 who causes bodily injury or mental illness, is guilty of an 9 aggravated misdemeanor a class “D” felony . 10 4. Any other assault, as defined in section 708.1 , committed 11 against a peace officer, jailer, correctional staff, member 12 or employee of the board of parole, health care provider, 13 employee of the department of human services, employee of the 14 department of revenue, civilian employee of a law enforcement 15 agency, civilian employee of a fire department, or fire 16 fighter, whether paid or volunteer, by a person who knows 17 that the person against whom the assault is committed is a 18 peace officer, jailer, correctional staff, member or employee 19 of the board of parole, health care provider, employee of 20 the department of human services, employee of the department 21 of revenue, civilian employee of a law enforcement agency, 22 civilian employee of a fire department, or fire fighter, is a 23 serious misdemeanor an aggravated misdemeanor . 24 Sec. 11. Section 708.3A, Code 2022, is amended by adding the 25 following new subsections: 26 NEW SUBSECTION . 4A. Any person who commits an assault, 27 as defined in section 708.1, against a jailer or correctional 28 staff while the person is in the custody and control of the 29 department of corrections in a correctional institution, 30 community-based correctional facility, or an institution under 31 the management of the Iowa department of corrections which 32 is used for the purposes of confinement of persons who have 33 committed public offenses, or a county jail or other facility 34 used for purposes of confinement of persons who have committed 35 -8- LSB 5353YH (11) 89 as/rh 8/ 13

H.F. 2404 public offenses, shall, upon conviction of a violation of 1 this section, in addition to any other sentence imposed, lose 2 one-half of all earned time accumulated pursuant to section 3 903A.2 for a first conviction, and shall lose all earned 4 time accumulated pursuant to section 903A.2 for a second or 5 subsequent conviction. 6 NEW SUBSECTION . 4B. If the county attorney of the county 7 where a violation of this section occurs against a jailer 8 or correctional staff by a person who is in the custody 9 and control of the department of corrections while in any 10 correctional institution or a county jail or other facility 11 used for purposes of confinement fails to prosecute the case 12 against the person, the area prosecutions division of the 13 attorney general’s office may elect to prosecute the case. 14 DIVISION IV 15 DEPARTMENT OF CORRECTIONS 16 Sec. 12. DEPARTMENT OF CORRECTIONS —— CONTRABAND AND 17 SURVEILLANCE CAMERAS —— TRAUMA EVENTS. 18 1. For fiscal years beginning on or after July 1, 2022, 19 the department of corrections shall increase funding for 20 screening for contraband and surveillance cameras at all state 21 correctional facilities and for upgrades to provide for an 22 enhanced technology system to improve the safety and efficiency 23 of operations at all state correctional facilities. 24 2. The department of corrections shall amend its 25 administrative rules pursuant to chapter 17A to allow an 26 employee of the department who has witnessed a trauma event to 27 take between five and thirty days of paid leave depending upon 28 the severity of the trauma event. If the appointing authority 29 of a correctional institution determines that an employee 30 has been held hostage, the employee shall be eligible for a 31 paid leave of absence of up to ninety days, as determined by 32 a licensed physician, to allow for recovery from stress and 33 any related conditions. Such paid leave shall not be charged 34 against the employee’s sick leave account. 35 -9- LSB 5353YH (11) 89 as/rh 9/ 13

H.F. 2404 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to collective bargaining, health insurance 4 for a surviving spouse and children of certain employees of 5 the department of corrections, assaults on persons engaged in 6 certain occupations, and certain operational and employment 7 matters involving the department of corrections. 8 DIVISION I —— COLLECTIVE BARGAINING. The bill makes changes 9 to public employment collective bargaining and bargaining unit 10 determinations. The bill makes changes to the definition of 11 a “public safety employee” to include a correctional officer, 12 a jailer or detention officer, an emergency dispatcher, a 13 probation or parole officer, and a residential officer working 14 at a community-based corrections residential facility. The 15 bill allows public safety employees to be the subject of a 16 separate bargaining unit if they comprise fewer than 30 percent 17 of the current unit and the majority of the public safety 18 employees support a petition to form a new unit. 19 ELECTIONS. The bill strikes current Code section 20.15 20 concerning the certification of public employee organization 21 certification and replaces it with language which does 22 not require recertification. The bill provides that upon 23 the filing of a petition for certification of an employee 24 organization, the public employment relations board shall 25 submit a question to the public employees at an election in 26 the bargaining unit found appropriate by the board. The 27 public employees may vote for no bargaining representation 28 or for any employee organization which has petitioned for 29 certification or which has presented proof satisfactory to 30 the board of support of 10 percent or more of the public 31 employees in the appropriate unit. If none of the choices 32 on the ballot receives the vote of a majority of the public 33 employees voting, the board shall conduct a runoff election 34 among the two choices receiving the greatest number of votes. 35 -10- LSB 5353YH (11) 89 as/rh 10/ 13

H.F. 2404 Upon completion of a valid election in which the majority 1 choice of the employees voting is determined, the board shall 2 certify the results of the election and shall give reasonable 3 notice of the order to all employee organizations listed on the 4 ballot, the public employers, and the public employees in the 5 appropriate bargaining unit. A petition for certification as 6 exclusive bargaining representative of a bargaining unit shall 7 not be considered by the board for a period of one year from 8 the date of the noncertification of an employee organization 9 as the exclusive bargaining representative of that bargaining 10 unit following a certification election, and a petition for 11 certification as the exclusive bargaining representative of a 12 bargaining unit shall not be considered by the board if the 13 bargaining unit is at that time represented by a certified 14 exclusive bargaining representative. 15 The bill provides that a petition for the decertification of 16 the exclusive bargaining representative of a bargaining unit 17 shall not be considered by the board for a period of one year 18 from the date of its certification, or within one year of its 19 continued certification following a decertification election, 20 or during the duration of a collective bargaining agreement 21 which, for purposes of the bill, shall be deemed not to exceed 22 two years. A collective bargaining agreement with the state, 23 its boards, commissions, departments, and agencies shall be for 24 two years. The provisions of a collective bargaining agreement 25 or arbitrator’s award affecting state employees shall not 26 provide for renegotiations which would require the refinancing 27 of salary and fringe benefits for the second year of the term 28 of the agreement, except as provided in Code section 20.17(6). 29 DIVISION II —— HEALTH INSURANCE COVERAGE —— SURVIVING SPOUSE 30 AND CHILDREN OF CERTAIN DEPARTMENT OF CORRECTIONS EMPLOYEES. 31 The bill provides that if the governing body of the state has 32 procured health insurance coverage for its employees, the 33 governing body of the state shall be required to pay for the 34 full cost of continuing health insurance for the surviving 35 -11- LSB 5353YH (11) 89 as/rh 11/ 13

H.F. 2404 spouse and any surviving children of an employee of the Iowa 1 department of corrections whose death has been determined 2 by the department to be the direct and proximate result of 3 a traumatic personal injury incurred in the line of duty. 4 Current law provides that the governing body of the state shall 5 not be required to pay for the cost of the health insurance 6 for a surviving spouse and any surviving children under such 7 circumstances; however, the governing body of the state may pay 8 the full cost or a portion of the cost of the health insurance. 9 DIVISION III —— ASSAULTS ON PERSONS ENGAGED IN CERTAIN 10 OCCUPATIONS. The bill increases the penalties for a person 11 who commits an assault, as provided in Code section 708.1, 12 against a peace officer, jailer, correctional staff, member or 13 employee of the board of parole, health care provider, employee 14 of the department of human services, employee of the department 15 of revenue, civilian employee of a law enforcement agency, 16 civilian employee of a fire department, or fire fighter, 17 whether paid or volunteer, who knows that the person against 18 whom the assault is committed is a peace officer, jailer, 19 correctional staff, member or employee of the board of parole, 20 health care provider, employee of the department of human 21 services, employee of the department of revenue, civilian 22 employee of a law enforcement agency, civilian employee of a 23 fire department, or fire fighter which causes bodily injury or 24 mental illness from an aggravated misdemeanor to a class “D” 25 felony, or for any other assault from a serious misdemeanor to 26 an aggravated misdemeanor. A class “D” felony is punishable by 27 confinement for no more than five years and a fine of at least 28 $1,025 but not more than $10,245. An aggravated misdemeanor is 29 punishable by confinement for no more than two years and a fine 30 of at least $855 but not more than $8,540. 31 The bill provides that any person who commits an assault, as 32 defined in Code section 708.1, against a jailer or correctional 33 staff, while the person is in the custody and control of 34 the department of corrections in a correctional institution, 35 -12- LSB 5353YH (11) 89 as/rh 12/ 13

H.F. 2404 community-based correctional facility, or an institution under 1 the management of the Iowa department of corrections which 2 is used for the purposes of confinement of persons who have 3 committed public offenses, or a county jail or other facility 4 used for purposes of confinement of persons who have committed 5 public offenses, shall, upon conviction of a violation of the 6 bill, in addition to any other sentence imposed, lose one-half 7 of all earned time accumulated pursuant to Code section 903A.2 8 for a first conviction, and shall lose all earned time for a 9 second or subsequent conviction. 10 The bill provides that if the county attorney of the 11 county where a violation of the bill occurs against a jailer 12 or correctional staff by a person who is in the custody and 13 control of the department of corrections in any correctional 14 institution or a county jail or other facility used for 15 purposes of confinement fails to prosecute the case against 16 the person, the area prosecutions division of the attorney 17 general’s office may elect to prosecute the case. 18 DIVISION IV —— DEPARTMENT OF CORRECTIONS —— CONTRABAND AND 19 SURVEILLANCE CAMERAS —— TRAUMA EVENTS. The bill provides 20 that 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 an enhanced 24 system to improve the safety and efficiency of operations 25 at all state correctional facilities. The department of 26 corrections shall amend its administrative rules to allow for 27 5 to 30 days of paid leave for employees of the department who 28 have witnessed a trauma event and to allow for up to 90 days of 29 paid leave for employees of the department who have been held 30 hostage. 31 -13- LSB 5353YH (11) 89 as/rh 13/ 13