House
File
715
-
Introduced
HOUSE
FILE
715
BY
SMITH
and
BROWN-POWERS
A
BILL
FOR
An
Act
relating
to
employment
matters,
providing
penalties
and
1
remedies,
and
including
effective
date,
applicability,
and
2
transition
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1492YH
(5)
89
je/rn
H.F.
715
DIVISION
I
1
ESSENTIAL
EMPLOYEES
——
PREMIUM
PAY
2
Section
1.
Section
84A.5,
subsection
4,
Code
2021,
is
3
amended
to
read
as
follows:
4
4.
The
division
of
labor
services
is
responsible
for
the
5
administration
of
the
laws
of
this
state
under
chapters
88
,
6
88A
,
88B
,
89
,
89A
,
89B
,
90A
,
91
,
91A
,
91C
,
91D
,
91E
,
92
,
94,
7
and
94A
,
and
sections
73A.21
and
85.68
.
The
executive
head
of
8
the
division
is
the
labor
commissioner,
appointed
pursuant
to
9
section
91.2
.
10
Sec.
2.
Section
91.4,
subsection
2,
Code
2021,
is
amended
11
to
read
as
follows:
12
2.
The
director
of
the
department
of
workforce
development,
13
in
consultation
with
the
labor
commissioner,
shall,
at
the
14
time
provided
by
law,
make
an
annual
report
to
the
governor
15
setting
forth
in
appropriate
form
the
business
and
expense
of
16
the
division
of
labor
services
for
the
preceding
year,
the
17
number
of
remedial
actions
taken
under
chapter
89A
,
the
number
18
of
disputes
or
violations
processed
by
the
division
and
the
19
disposition
of
the
disputes
or
violations,
and
other
matters
20
pertaining
to
the
division
which
are
of
public
interest,
21
together
with
recommendations
for
change
or
amendment
of
the
22
laws
in
this
chapter
and
chapters
88
,
88A
,
88B
,
89
,
89A
,
89B
,
23
90A
,
91A
,
91C
,
91D
,
91E
,
92
,
94,
and
94A
,
and
section
85.68
,
24
and
the
recommendations,
if
any,
shall
be
transmitted
by
the
25
governor
to
the
first
general
assembly
in
session
after
the
26
report
is
filed.
27
Sec.
3.
Section
91A.2,
subsection
7,
Code
2021,
is
amended
28
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
e.
Premium
pay
pursuant
to
chapter
94.
30
Sec.
4.
NEW
SECTION
.
94.1
Definitions.
31
As
used
in
this
chapter,
unless
the
context
otherwise
32
requires:
33
1.
“Commissioner”
means
the
labor
commissioner
appointed
34
pursuant
to
section
91.2.
35
-1-
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715
2.
“Employer”
means
a
person,
as
defined
in
chapter
4,
who
1
in
this
state
employs
for
wages
a
natural
person.
2
3.
“Essential
employee”
means
a
natural
person
who
is
3
employed
in
this
state
for
wages
engaged
in
one
of
the
4
following
occupations:
5
a.
A
health
care
professional
who
engages
in
direct
contact
6
with
patients
or
patients’
families
or
who
handles
potentially
7
infectious
materials.
8
b.
An
employee
of
a
health
care
facility.
9
c.
An
emergency
medical
care
provider
as
defined
in
section
10
147A.1,
a
fire
fighter,
a
peace
officer
as
defined
in
section
11
801.4,
or
an
employee
of
the
department
of
human
services
who
12
provides
social
work
or
case
work
to
children
or
who
works
in
13
child
protection.
14
d.
An
employee
of
a
public
or
nonpublic
school
or
an
15
employee
of
a
child
care
facility
or
child
care
home
as
those
16
terms
are
defined
in
section
237A.1.
17
e.
An
employee
of
a
food,
agriculture,
distribution,
or
18
manufacturing
facility
whose
employment
involves
working
or
19
living
in
congregate
settings
that
do
not
allow
for
social
20
distancing.
21
f.
An
employee
of
the
state
who
performs
inspections
of
22
health
care
facilities
or
of
child
care
facilities
or
child
23
care
homes
as
those
terms
are
defined
in
section
237A.1.
24
g.
An
employee
of
a
state
or
local
correctional
facility.
25
h.
An
employee
of
a
retail
establishment
who
provides
26
services
to
customers.
27
4.
“Health
care
facility”
means
and
includes
all
of
the
28
following:
29
a.
A
facility
as
defined
in
section
514J.102.
30
b.
A
facility
licensed
pursuant
to
chapter
135B.
31
c.
A
facility
licensed
pursuant
to
chapter
135C.
32
d.
Residential
care
facilities,
nursing
facilities,
33
intermediate
care
facilities
for
persons
with
mental
illness,
34
intermediate
care
facilities
for
persons
with
intellectual
35
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disabilities,
hospice
programs,
elder
group
homes,
and
assisted
1
living
programs.
2
5.
“Health
care
professional”
means
physicians
and
other
3
health
care
practitioners
who
are
licensed,
certified,
or
4
otherwise
authorized
or
permitted
by
the
laws
of
this
state
5
to
administer
health
care
services
in
the
ordinary
course
of
6
business
or
in
the
practice
of
a
profession.
“Health
care
7
professional”
includes
the
employer
or
agent
of
a
health
care
8
professional
who
provides
or
arranges
health
care.
9
6.
“Health
care
services”
means
services
for
the
diagnosis,
10
prevention,
treatment,
care,
cure,
or
relief
of
a
health
11
condition,
illness,
injury,
or
disease,
regardless
of
the
12
setting
in
which
such
services
are
performed.
13
7.
“Period
of
infectious
disease
emergency”
means
that
14
period
of
time
that
a
disease
or
virus
determined
to
be
15
life-threatening
to
a
person
exposed
to
the
disease
or
virus
16
has
been
declared
a
pandemic,
epidemic,
or
public
health
17
emergency
by
the
federal
government,
governor,
or
local
public
18
health
authorities.
19
Sec.
5.
NEW
SECTION
.
94.2
Premium
pay
for
essential
20
employees
——
infectious
disease
emergency.
21
1.
During
a
period
of
infectious
disease
emergency,
an
22
employer
shall
pay
an
essential
employee,
in
addition
to
any
23
other
wages
or
benefits
to
which
the
employee
is
entitled,
24
premium
pay.
Premium
pay
shall
be
paid
at
the
same
time
and
in
25
the
same
manner
as
an
essential
employee’s
regular
wages.
26
2.
Upon
consideration
of
the
nature
and
expected
duration
27
of
the
period
of
infectious
disease
emergency,
the
various
28
duties
to
be
performed
by
essential
employees
in
responding
29
to
the
period
of
infectious
disease
emergency,
and
any
30
other
information
the
commissioner
may
deem
relevant,
the
31
commissioner
shall
establish
by
rule
pursuant
to
chapter
17A
32
the
rate
or
amount
of
premium
pay
to
which
an
essential
worker
33
is
entitled
pursuant
to
this
chapter.
The
commissioner
may
34
establish
different
rates
or
amounts
of
premium
pay
by
rule
35
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for
different
occupations
held
by
essential
employees
as
the
1
commissioner
deems
appropriate.
2
3.
The
commissioner
shall
establish
by
rule
the
rate
or
3
amount
of
premium
pay
applicable
to
a
period
of
infectious
4
disease
emergency
within
one
calendar
week
of
the
beginning
5
of
the
emergency.
The
commissioner
may
update
such
rates
or
6
amounts
by
rule
during
a
period
of
infectious
disease
emergency
7
as
the
commissioner
deems
appropriate.
8
4.
The
commissioner
may
adopt
rules
on
an
emergency
basis
9
as
provided
in
section
17A.4,
subsection
3,
and
section
10
17A.5,
subsection
2,
to
administer
this
section
and
the
rules
11
shall
be
effective
immediately
upon
filing
unless
a
later
12
date
is
specified
in
the
rules.
Any
emergency
rules
adopted
13
in
accordance
with
this
section
shall
also
be
published
as
14
a
notice
of
intended
action
as
provided
in
section
17A.4,
15
subsection
1.
16
Sec.
6.
NEW
SECTION
.
94.3
Rules
——
enforcement
——
17
penalties.
18
1.
The
commissioner
shall
adopt
rules
to
administer
this
19
chapter.
20
2.
This
chapter
and
rules
adopted
pursuant
to
this
chapter
21
shall
be
enforced
pursuant
to
chapter
91A.
22
Sec.
7.
EMERGENCY
RULES.
The
labor
commissioner
shall
adopt
23
emergency
rules
under
section
17A.4,
subsection
3,
and
section
24
17A.5,
subsection
2,
paragraph
“b”,
to
implement
the
provisions
25
of
this
Act
and
the
rules
shall
be
effective
immediately
upon
26
filing
unless
a
later
date
is
specified
in
the
rules.
Any
27
rules
adopted
in
accordance
with
this
section
shall
also
be
28
published
as
a
notice
of
intended
action
as
provided
in
section
29
17A.4.
30
Sec.
8.
APPLICABILITY.
This
division
of
this
Act
applies
to
31
pay
periods
beginning
on
or
after
the
effective
date
of
rules
32
adopted
by
the
labor
commissioner
to
implement
this
division
33
of
this
Act.
34
Sec.
9.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
35
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deemed
of
immediate
importance,
takes
effect
upon
enactment.
1
DIVISION
II
2
MINIMUM
WAGE
3
Sec.
10.
Section
91D.1,
subsection
1,
Code
2021,
is
amended
4
to
read
as
follows:
5
1.
a.
(1)
The
state
hourly
wage
shall
be
at
least
$6.20
as
6
of
April
1,
2007,
and
$7.25
as
of
January
1,
2008
$8.20
as
of
7
July
1,
2021,
$9.15
as
of
July
1,
2022,
$10.10
as
of
January
1,
8
2023,
$11.05
as
of
July
1,
2023,
$12.00
as
of
January
1,
2024,
9
$12.95
as
of
July
1,
2024,
$13.90
as
of
January
1,
2025,
and
10
$15.00
as
of
July
1,
2025
.
11
(2)
The
state
hourly
wage,
including
the
state
hourly
wage
12
for
the
first
ninety
calendar
days
of
employment
provided
in
13
paragraph
“d”
,
shall
be
increased
annually
on
July
1,
beginning
14
July
1,
2026,
by
the
same
percentage
as
the
cost-of-living
15
increase
in
federal
social
security
benefits
authorized
during
16
the
previous
state
fiscal
year
by
the
federal
social
security
17
administration
pursuant
to
section
215
of
the
federal
Social
18
Security
Act,
42
U.S.C.
§415.
19
b.
Every
employer,
as
defined
in
the
federal
Fair
Labor
20
Standards
Act
of
1938,
as
amended
to
January
1,
2007
July
1,
21
2021
,
shall
pay
to
each
of
the
employer’s
employees,
as
defined
22
in
the
federal
Fair
Labor
Standards
Act
of
1938,
as
amended
to
23
January
1,
2007
July
1,
2021
,
the
state
hourly
wage
stated
in
24
paragraph
“a”
,
or
the
current
federal
minimum
wage,
pursuant
to
25
29
U.S.C.
§206,
as
amended,
whichever
is
greater.
26
c.
For
purposes
of
determining
whether
an
employee
of
a
27
restaurant,
hotel,
motel,
inn,
or
cabin,
who
customarily
and
28
regularly
receives
more
than
thirty
one
hundred
dollars
a
month
29
in
tips
is
receiving
the
minimum
hourly
wage
rate
prescribed
30
by
this
section
,
the
amount
paid
the
employee
by
the
employer
31
shall
be
deemed
to
be
increased
on
account
of
the
tips
by
an
32
amount
determined
by
the
employer,
not
to
exceed
forty
percent
33
of
the
applicable
minimum
wage.
An
employee
may
file
a
written
34
appeal
with
the
labor
commissioner
if
the
amount
of
tips
35
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received
by
the
employee
is
less
than
the
amount
determined
by
1
the
employer
under
this
subsection
.
2
d.
An
employer
is
not
required
to
pay
an
employee
the
3
applicable
state
hourly
wage
provided
in
paragraph
“a”
until
the
4
employee
has
completed
ninety
calendar
days
of
employment
with
5
the
employer.
An
employee
who
has
completed
ninety
calendar
6
days
of
employment
with
the
employer
prior
to
April
1,
2007,
or
7
January
1,
2008,
shall
earn
the
applicable
state
hourly
minimum
8
wage
as
of
that
the
date
of
completion
.
An
employer
shall
9
pay
an
employee
who
has
not
completed
ninety
calendar
days
of
10
employment
with
the
employer
an
hourly
wage
of
at
least
$5.30
11
as
of
April
1,
2007,
and
$6.35
as
of
January
1,
2008
$7.20
as
of
12
July
1,
2021,
$8.05
as
of
July
1,
2022,
$8.85
as
of
January
1,
13
2023,
$9.70
as
of
July
1,
2023,
$10.55
as
of
January
1,
2024,
14
$11.40
as
of
July
1,
2024,
$12.25
as
of
January
1,
2025,
and
15
$13.20
as
of
July
1,
2025
.
16
e.
A
county
or
city
may
establish
a
minimum
wage
that
17
exceeds
the
state
hourly
wage
and
the
federal
minimum
wage.
18
DIVISION
III
19
PUBLIC
EMPLOYEE
COLLECTIVE
BARGAINING
20
Sec.
11.
Section
20.3,
subsections
11
and
13,
Code
2021,
are
21
amended
by
striking
the
subsections.
22
Sec.
12.
Section
20.6,
subsection
1,
Code
2021,
is
amended
23
to
read
as
follows:
24
1.
Administer
Interpret,
apply,
and
administer
the
25
provisions
of
this
chapter
.
26
Sec.
13.
Section
20.6,
subsections
6
and
7,
Code
2021,
are
27
amended
by
striking
the
subsections.
28
Sec.
14.
Section
20.7,
subsection
2,
Code
2021,
is
amended
29
to
read
as
follows:
30
2.
Hire,
evaluate,
promote,
demote,
transfer,
assign,
and
31
retain
public
employees
in
positions
within
the
public
agency.
32
Sec.
15.
Section
20.8,
subsection
5,
Code
2021,
is
amended
33
by
striking
the
subsection.
34
Sec.
16.
Section
20.9,
Code
2021,
is
amended
by
striking
the
35
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715
section
and
inserting
in
lieu
thereof
the
following:
1
20.9
Scope
of
negotiations.
2
1.
The
public
employer
and
the
employee
organization
3
shall
meet
at
reasonable
times,
including
meetings
reasonably
4
in
advance
of
the
public
employer’s
budget-making
process,
5
to
negotiate
in
good
faith
with
respect
to
wages,
hours,
6
vacations,
insurance,
holidays,
leaves
of
absence,
shift
7
differentials,
overtime
compensation,
supplemental
pay,
8
seniority,
transfer
procedures,
job
classifications,
health
and
9
safety
matters,
evaluation
procedures,
procedures
for
staff
10
reduction,
in-service
training,
and
other
matters
mutually
11
agreed
upon.
Negotiations
shall
also
include
terms
authorizing
12
dues
checkoff
for
members
of
the
employee
organization
and
13
grievance
procedures
for
resolving
any
questions
arising
under
14
the
agreement,
which
shall
be
embodied
in
a
written
agreement
15
and
signed
by
the
parties.
If
an
agreement
provides
for
dues
16
checkoff,
a
member’s
dues
may
be
checked
off
only
upon
the
17
member’s
written
request
and
the
member
may
terminate
the
dues
18
checkoff
at
any
time
by
giving
thirty
days’
written
notice.
19
Such
obligation
to
negotiate
in
good
faith
does
not
compel
20
either
party
to
agree
to
a
proposal
or
make
a
concession.
21
2.
Nothing
in
this
section
shall
diminish
the
authority
22
and
power
of
the
department
of
administrative
services,
board
23
of
regents’
merit
system,
Iowa
public
broadcasting
board’s
24
merit
system,
or
any
civil
service
commission
established
by
25
constitutional
provision,
statute,
charter,
or
special
act
to
26
recruit
employees,
prepare,
conduct
and
grade
examinations,
27
rate
candidates
in
order
of
their
relative
scores
for
28
certification
for
appointment
or
promotion
or
for
other
matters
29
of
classification,
reclassification
or
appeal
rights
in
the
30
classified
service
of
the
public
employer
served.
31
3.
All
retirement
systems
shall
be
excluded
from
the
scope
32
of
negotiations.
33
Sec.
17.
Section
20.10,
subsection
3,
paragraph
j,
Code
34
2021,
is
amended
by
striking
the
paragraph.
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Sec.
18.
Section
20.12,
subsection
5,
Code
2021,
is
amended
1
to
read
as
follows:
2
5.
If
an
employee
organization
or
any
of
its
officers
3
is
held
to
be
in
contempt
of
court
for
failure
to
comply
4
with
an
injunction
pursuant
to
this
section
,
or
is
convicted
5
of
violating
this
section
,
the
employee
organization
shall
6
be
immediately
decertified,
shall
cease
to
represent
the
7
bargaining
unit,
shall
cease
to
receive
any
dues
by
checkoff,
8
and
may
again
be
certified
only
after
twenty-four
twelve
months
9
have
elapsed
from
the
effective
date
of
decertification
and
10
only
if
after
a
new
petition
for
certification
pursuant
to
11
compliance
with
section
20.14
is
filed
and
a
new
certification
12
election
pursuant
to
section
20.15
is
held
.
The
penalties
13
provided
in
this
section
may
be
suspended
or
modified
by
the
14
court,
but
only
upon
request
of
the
public
employer
and
only
15
if
the
court
determines
the
suspension
or
modification
is
in
16
the
public
interest.
17
Sec.
19.
Section
20.15,
Code
2021,
is
amended
by
striking
18
the
section
and
inserting
in
lieu
thereof
the
following:
19
20.15
Elections.
20
1.
Upon
the
filing
of
a
petition
for
certification
of
an
21
employee
organization,
the
board
shall
submit
a
question
to
22
the
public
employees
at
an
election
in
the
bargaining
unit
23
found
appropriate
by
the
board.
The
question
on
the
ballot
24
shall
permit
the
public
employees
to
vote
for
no
bargaining
25
representation
or
for
any
employee
organization
which
has
26
petitioned
for
certification
or
which
has
presented
proof
27
satisfactory
to
the
board
of
support
of
ten
percent
or
more
of
28
the
public
employees
in
the
appropriate
unit.
29
2.
If
a
majority
of
the
votes
cast
on
the
question
is
30
for
no
bargaining
representation,
the
public
employees
in
31
the
bargaining
unit
found
appropriate
by
the
board
shall
not
32
be
represented
by
an
employee
organization.
If
a
majority
33
of
the
votes
cast
on
the
question
is
for
a
listed
employee
34
organization,
then
that
employee
organization
shall
represent
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the
public
employees
in
the
bargaining
unit
found
appropriate
1
by
the
board.
2
3.
If
none
of
the
choices
on
the
ballot
receive
the
vote
3
of
a
majority
of
the
public
employees
voting,
the
board
shall
4
conduct
a
runoff
election
among
the
two
choices
receiving
the
5
greatest
number
of
votes.
6
4.
Upon
written
objections
filed
by
any
party
to
the
7
election
within
ten
days
after
notice
of
the
results
of
8
the
election,
if
the
board
finds
that
misconduct
or
other
9
circumstances
prevented
the
public
employees
eligible
to
10
vote
from
freely
expressing
their
preferences,
the
board
may
11
invalidate
the
election
and
hold
a
second
election
for
the
12
public
employees.
13
5.
Upon
completion
of
a
valid
election
in
which
the
majority
14
choice
of
the
employees
voting
is
determined,
the
board
shall
15
certify
the
results
of
the
election
and
shall
give
reasonable
16
notice
of
the
order
to
all
employee
organizations
listed
on
the
17
ballot,
the
public
employers,
and
the
public
employees
in
the
18
appropriate
bargaining
unit.
19
6.
a.
A
petition
for
certification
as
exclusive
bargaining
20
representative
of
a
bargaining
unit
shall
not
be
considered
21
by
the
board
for
a
period
of
one
year
from
the
date
of
the
22
noncertification
of
an
employee
organization
as
the
exclusive
23
bargaining
representative
of
that
bargaining
unit
following
a
24
certification
election.
A
petition
for
certification
as
the
25
exclusive
bargaining
representative
of
a
bargaining
unit
shall
26
also
not
be
considered
by
the
board
if
the
bargaining
unit
is
27
at
that
time
represented
by
a
certified
exclusive
bargaining
28
representative.
29
b.
A
petition
for
the
decertification
of
the
exclusive
30
bargaining
representative
of
a
bargaining
unit
shall
not
be
31
considered
by
the
board
for
a
period
of
one
year
from
the
date
32
of
its
certification,
or
within
one
year
of
its
continued
33
certification
following
a
decertification
election,
or
during
34
the
duration
of
a
collective
bargaining
agreement
which,
for
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purposes
of
this
section,
shall
be
deemed
not
to
exceed
two
1
years.
However,
if
a
petition
for
decertification
is
filed
2
during
the
duration
of
a
collective
bargaining
agreement,
the
3
board
shall
award
an
election
under
this
section
not
more
than
4
one
hundred
eighty
days
and
not
less
than
one
hundred
fifty
5
days
prior
to
the
expiration
of
the
collective
bargaining
6
agreement.
If
an
employee
organization
is
decertified,
the
7
board
may
receive
petitions
under
section
20.14,
provided
that
8
no
such
petition
and
no
election
conducted
pursuant
to
such
9
petition
within
one
year
from
decertification
shall
include
as
10
a
party
the
decertified
employee
organization.
11
c.
A
collective
bargaining
agreement
with
the
state,
its
12
boards,
commissions,
departments,
and
agencies
shall
be
for
two
13
years.
The
provisions
of
a
collective
bargaining
agreement
or
14
arbitrator’s
award
affecting
state
employees
shall
not
provide
15
for
renegotiations
which
would
require
the
refinancing
of
16
salary
and
fringe
benefits
for
the
second
year
of
the
term
of
17
the
agreement,
except
as
provided
in
section
20.17,
subsection
18
6.
The
effective
date
of
any
such
agreement
shall
be
July
1
of
19
odd-numbered
years,
provided
that
if
an
exclusive
bargaining
20
representative
is
certified
on
a
date
which
will
prevent
the
21
negotiation
of
a
collective
bargaining
agreement
prior
to
22
July
1
of
odd-numbered
years
for
a
period
of
two
years,
the
23
certified
collective
bargaining
representative
may
negotiate
24
a
one-year
contract
with
the
public
employer
which
shall
be
25
effective
from
July
1
of
the
even-numbered
year
to
July
1
26
of
the
succeeding
odd-numbered
year
when
new
contracts
shall
27
become
effective.
28
Sec.
20.
Section
20.17,
subsection
8,
Code
2021,
is
amended
29
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
30
following:
31
8.
The
salaries
of
all
public
employees
of
the
state
under
32
a
merit
system
and
all
other
fringe
benefits
which
are
granted
33
to
all
public
employees
of
the
state
shall
be
negotiated
with
34
the
governor
or
the
governor’s
designee
on
a
statewide
basis,
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except
those
benefits
which
are
not
subject
to
negotiations
1
pursuant
to
the
provisions
of
section
20.9.
2
Sec.
21.
Section
20.17,
Code
2021,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
8A.
A
public
employee
or
any
employee
5
organization
shall
not
negotiate
or
attempt
to
negotiate
6
directly
with
a
member
of
the
governing
board
of
a
public
7
employer
if
the
public
employer
has
appointed
or
authorized
8
a
bargaining
representative
for
the
purpose
of
bargaining
9
with
the
public
employees
or
their
representative,
unless
the
10
member
of
the
governing
board
is
the
designated
bargaining
11
representative
of
the
public
employer.
12
Sec.
22.
Section
20.22,
subsections
2,
3,
7,
9,
and
10,
Code
13
2021,
are
amended
to
read
as
follows:
14
2.
Each
party
shall
serve
its
final
offer
on
each
of
15
the
impasse
items
upon
the
other
party
within
four
days
of
16
the
board’s
receipt
of
the
request
for
arbitration
,
or
by
a
17
deadline
otherwise
agreed
upon
by
the
parties
.
The
parties
may
18
continue
to
negotiate
all
offers
until
an
agreement
is
reached
19
or
an
award
is
rendered
by
the
arbitrator.
The
full
costs
of
20
arbitration
under
this
section
shall
be
shared
equally
by
the
21
parties
to
the
dispute.
22
3.
The
submission
of
the
impasse
items
to
the
arbitrator
23
shall
be
limited
to
those
items
upon
which
the
parties
have
24
not
reached
agreement.
With
respect
to
each
such
item,
the
25
arbitrator’s
award
shall
be
restricted
to
the
final
offers
on
26
each
impasse
item
submitted
by
the
parties
to
the
arbitrator
,
27
except
as
provided
in
subsection
10
,
paragraph
“b”
.
28
7.
For
an
arbitration
involving
a
bargaining
unit
that
29
has
at
least
thirty
percent
of
members
who
are
public
safety
30
employees,
the
The
arbitrator
shall
consider
and
specifically
31
address
in
the
arbitrator’s
determination
,
in
addition
to
any
32
other
relevant
factors,
the
following
factors:
33
a.
Past
collective
bargaining
contracts
between
the
parties
34
including
the
bargaining
that
led
up
to
such
contracts.
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b.
Comparison
of
wages,
hours,
and
conditions
of
employment
1
of
the
involved
public
employees
with
those
of
other
public
2
employees
doing
comparable
work,
giving
consideration
to
3
factors
peculiar
to
the
area
and
the
classifications
involved.
4
c.
The
interests
and
welfare
of
the
public,
the
ability
of
5
the
public
employer
to
finance
economic
adjustments,
and
the
6
effect
of
such
adjustments
on
the
normal
standard
of
services.
7
d.
The
power
of
the
public
employer
to
levy
taxes
and
8
appropriate
funds
for
the
conduct
of
its
operations.
9
9.
a.
The
arbitrator
may
administer
oaths,
examine
10
witnesses
and
documents,
take
testimony
and
receive
evidence,
11
and
issue
subpoenas
to
compel
the
attendance
of
witnesses
and
12
the
production
of
records.
The
arbitrator
may
petition
the
13
district
court
at
the
seat
of
government
or
of
the
county
14
in
which
the
hearing
is
held
to
enforce
the
order
of
the
15
arbitrator
compelling
the
attendance
of
witnesses
and
the
16
production
of
records.
17
b.
Except
as
required
for
purposes
of
the
consideration
of
18
the
factors
specified
in
subsection
7
,
paragraphs
“a”
through
19
“c”
,
and
subsection
8
,
paragraph
“a”
,
subparagraphs
(1)
through
20
(3),
the
parties
shall
not
introduce,
and
the
arbitrator
21
shall
not
accept
or
consider,
any
direct
or
indirect
evidence
22
regarding
any
subject
excluded
from
negotiations
pursuant
to
23
section
20.9
.
24
10.
a.
The
arbitrator
shall
select
within
fifteen
25
days
after
the
hearing
the
most
reasonable
offer,
in
the
26
arbitrator’s
judgment,
of
the
final
offers
on
each
impasse
item
27
submitted
by
the
parties.
28
b.
(1)
However,
for
an
arbitration
involving
a
bargaining
29
unit
that
does
not
have
at
least
thirty
percent
of
members
who
30
are
public
safety
employees,
with
respect
to
any
increase
in
31
base
wages,
the
arbitrator’s
award
shall
not
exceed
the
lesser
32
of
the
following
percentages
in
any
one-year
period
in
the
33
duration
of
the
bargaining
agreement:
34
(a)
Three
percent.
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(b)
A
percentage
equal
to
the
increase
in
the
consumer
1
price
index
for
all
urban
consumers
for
the
midwest
region,
2
if
any,
as
determined
by
the
United
States
department
of
3
labor,
bureau
of
labor
statistics,
or
a
successor
index.
Such
4
percentage
shall
be
the
change
in
the
consumer
price
index
5
for
the
twelve-month
period
beginning
eighteen
months
prior
6
to
the
month
in
which
the
impasse
item
regarding
base
wages
7
was
submitted
to
the
arbitrator
and
ending
six
months
prior
to
8
the
month
in
which
the
impasse
item
regarding
base
wages
was
9
submitted
to
the
arbitrator.
10
(2)
To
assist
the
parties
in
the
preparation
of
their
final
11
offers
on
an
impasse
item
regarding
base
wages,
the
board
12
shall
provide
information
to
the
parties
regarding
the
change
13
in
the
consumer
price
index
for
all
urban
consumers
for
the
14
midwest
region
for
any
twelve-month
period.
The
department
of
15
workforce
development
shall
assist
the
board
in
preparing
such
16
information
upon
request.
17
Sec.
23.
Section
20.22,
subsection
8,
Code
2021,
is
amended
18
by
striking
the
subsection.
19
Sec.
24.
Section
20.26,
subsection
4,
Code
2021,
is
amended
20
to
read
as
follows:
21
4.
Nothing
in
this
section
shall
be
construed
to
prohibit
22
voluntary
contributions
by
individuals
to
political
parties
23
or
candidates
,
provided
that
such
contributions
are
not
made
24
through
payroll
deductions
.
25
Sec.
25.
Section
20.29,
Code
2021,
is
amended
to
read
as
26
follows:
27
20.29
Filing
agreement
——
public
access
——
internet
site
.
28
1.
Collective
bargaining
agreements
shall
be
in
writing
and
29
shall
be
signed
by
the
parties.
30
2.
A
copy
of
a
collective
bargaining
agreement
entered
into
31
between
a
public
employer
and
a
certified
employee
organization
32
and
made
final
under
this
chapter
shall
be
filed
with
the
board
33
by
the
public
employer
within
ten
days
of
the
date
on
which
the
34
agreement
is
entered
into.
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3.
Copies
of
collective
bargaining
agreements
entered
1
into
between
the
state
and
the
state
employees’
bargaining
2
representatives
and
made
final
under
this
chapter
shall
be
3
filed
with
the
secretary
of
state
and
be
made
available
to
the
4
public
at
cost.
5
4.
The
board
shall
maintain
an
internet
site
that
allows
6
searchable
access
to
a
database
of
collective
bargaining
7
agreements
and
other
collective
bargaining
information.
8
Sec.
26.
Section
20.30,
Code
2021,
is
amended
by
striking
9
the
section
and
inserting
in
lieu
thereof
the
following:
10
20.30
Supervisory
member
——
no
reduction
before
retirement.
11
1.
A
supervisory
member
of
any
department
or
agency
12
employed
by
the
state
of
Iowa
shall
not
be
granted
a
voluntary
13
reduction
to
a
nonsupervisory
rank
or
grade
during
the
six
14
months
preceding
retirement
of
the
member.
A
member
of
any
15
department
or
agency
employed
by
the
state
of
Iowa
who
retires
16
in
less
than
six
months
after
voluntarily
requesting
and
17
receiving
a
reduction
in
rank
or
grade
from
a
supervisory
to
a
18
nonsupervisory
position
shall
be
ineligible
for
a
benefit
to
19
which
the
member
is
entitled
as
a
nonsupervisory
member
but
is
20
not
entitled
as
a
supervisory
member.
21
2.
The
provisions
of
this
section
shall
be
effective
during
22
the
collective
bargaining
agreement
in
effect
from
July
1,
23
1979,
to
June
30,
1981.
24
Sec.
27.
Section
20.31,
subsection
2,
unnumbered
paragraph
25
1,
Code
2021,
is
amended
to
read
as
follows:
26
A
mediator
shall
not
be
required
to
testify
in
any
judicial,
27
administrative,
arbitration,
or
grievance
proceeding
regarding
28
any
matters
occurring
in
the
course
of
a
mediation,
including
29
any
verbal
or
written
communication
or
behavior,
other
than
30
facts
relating
exclusively
to
the
timing
or
scheduling
of
31
mediation.
A
mediator
shall
not
be
required
to
produce
or
32
disclose
any
documents,
including
notes,
memoranda,
or
other
33
work
product,
relating
to
mediation,
other
than
documents
34
relating
exclusively
to
the
timing
or
scheduling
of
mediation.
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This
subsection
shall
not
apply
in
any
of
the
following
1
circumstances:
2
Sec.
28.
Section
22.7,
subsection
69,
Code
2021,
is
amended
3
to
read
as
follows:
4
69.
The
evidence
of
public
employee
support
for
5
the
certification
,
retention
and
recertification,
or
6
decertification
of
an
employee
organization
as
defined
in
7
section
20.3
that
is
submitted
to
the
public
employment
8
relations
board
as
provided
in
section
20.14
or
20.15
.
9
Sec.
29.
Section
22.7,
subsection
70,
Code
2021,
is
amended
10
by
striking
the
subsection.
11
Sec.
30.
Section
70A.17A,
Code
2021,
is
amended
by
adding
12
the
following
new
subsection:
13
NEW
SUBSECTION
.
3.
This
section
shall
not
affect
a
payroll
14
deduction
elected
by
a
state
employee
pursuant
to
section
15
70A.19.
16
Sec.
31.
Section
70A.19,
Code
2021,
is
amended
by
striking
17
the
section
and
inserting
in
lieu
thereof
the
following:
18
70A.19
Duration
of
state
payroll
deduction
for
dues
of
19
employee
organization
member.
20
A
state
employee
who
elects
a
payroll
deduction
for
21
membership
dues
to
an
employee
organization
pursuant
to
the
22
provisions
of
a
collective
bargaining
agreement
negotiated
23
under
the
provisions
of
chapter
20
shall
maintain
the
deduction
24
for
a
period
of
one
year
or
until
the
expiration
of
the
25
collective
bargaining
agreement,
whichever
occurs
first.
A
26
state
employee
who
transfers
employment
to
a
position
covered
27
by
a
different
collective
bargaining
agreement
or
who
becomes
28
a
management
employee
is
not
subject
to
this
requirement.
29
With
respect
to
state
employees,
this
section
supersedes
the
30
provisions
of
section
20.9
allowing
termination
of
a
dues
31
checkoff
at
any
time
but
does
not
supersede
the
requirement
for
32
thirty
days’
written
notice
of
termination.
33
Sec.
32.
Section
412.2,
subsection
1,
Code
2021,
is
amended
34
to
read
as
follows:
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1.
From
the
proceeds
of
the
assessments
on
the
wages
1
and
salaries
of
employees,
of
any
such
waterworks
system,
2
or
other
municipally
owned
and
operated
public
utility,
3
eligible
to
receive
the
benefits
thereof.
Notwithstanding
4
any
provisions
of
section
20.9
to
the
contrary,
a
council,
5
board
of
waterworks,
or
other
board
or
commission
which
6
establishes
a
pension
and
annuity
retirement
system
pursuant
to
7
this
chapter,
shall
negotiate
in
good
faith
with
a
certified
8
employee
organization
as
defined
in
section
20.3,
which
is
the
9
collective
bargaining
representative
of
the
employees,
with
10
respect
to
the
amount
or
rate
of
the
assessment
on
the
wages
11
and
salaries
of
employees
and
the
method
or
methods
for
payment
12
of
the
assessment
by
the
employees.
13
Sec.
33.
Section
602.1401,
subsection
3,
paragraph
b,
Code
14
2021,
is
amended
to
read
as
follows:
15
b.
For
purposes
of
chapter
20
,
the
certified
representative,
16
which
on
July
1,
1983,
represents
employees
who
become
judicial
17
branch
employees
as
a
result
of
1983
Iowa
Acts,
ch.
186
,
shall
18
remain
the
certified
representative
when
the
employees
become
19
judicial
branch
employees
and
thereafter,
unless
the
public
20
employee
organization
is
not
retained
and
recertified
or
is
21
decertified
in
an
election
held
under
section
20.15
or
amended
22
or
absorbed
into
another
certified
organization
pursuant
to
23
chapter
20
.
Collective
bargaining
negotiations
shall
be
24
conducted
on
a
statewide
basis
and
the
certified
employee
25
organizations
which
engage
in
bargaining
shall
negotiate
on
a
26
statewide
basis,
although
bargaining
units
shall
be
organized
27
by
judicial
district.
The
public
employment
relations
board
28
shall
adopt
rules
pursuant
to
chapter
17A
to
implement
this
29
subsection
.
30
Sec.
34.
REPEAL.
Sections
20.32
and
20.33,
Code
2021,
are
31
repealed.
32
Sec.
35.
TRANSITION
PROCEDURES
——
DEADLINE
——
EMERGENCY
33
RULES.
34
1.
As
of
the
effective
date
of
this
division
of
this
Act,
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parties,
mediators,
and
arbitrators
engaging
in
any
collective
1
bargaining
procedures
provided
for
in
chapter
20,
Code
2021,
2
who
have
not,
before
the
effective
date
of
this
division
3
of
this
Act,
completed
such
procedures,
shall
immediately
4
terminate
any
such
procedures
in
process.
A
collective
5
bargaining
agreement
negotiated
pursuant
to
such
procedures
in
6
process
shall
not
become
effective.
Parties,
mediators,
and
7
arbitrators
shall
not
engage
in
further
collective
bargaining
8
procedures
except
as
provided
in
this
section.
Such
parties
9
shall
commence
collective
bargaining
in
accordance
with
section
10
20.17,
as
amended
in
this
division
of
this
Act.
Such
parties
11
shall
complete
such
bargaining
not
later
than
June
30,
2021,
12
unless
the
parties
mutually
agree
to
a
different
deadline.
13
2.
The
public
employment
relations
board
shall
adopt
14
emergency
rules
under
section
17A.4,
subsection
3,
and
section
15
17A.5,
subsection
2,
paragraph
“b”,
to
provide
for
procedures
16
as
deemed
necessary
to
implement
the
provisions
of
this
section
17
and
the
rules
shall
be
effective
immediately
upon
filing
18
unless
a
later
date
is
specified
in
the
rules.
Such
rules
19
shall
include
but
are
not
limited
to
alternative
deadlines
for
20
completion
of
the
procedures
provided
in
sections
20.17
and
21
20.22,
as
amended
by
this
division
of
this
Act,
and
sections
22
20.19
and
20.20,
which
deadlines
may
be
waived
by
mutual
23
agreement
of
the
parties.
24
3.
The
department
of
administrative
services
shall
adopt
25
emergency
rules
under
section
17A.4,
subsection
3,
and
26
section
17A.5,
subsection
2,
paragraph
“b”,
to
provide
for
the
27
implementation
of
section
70A.19,
as
amended
by
this
division
28
of
this
Act,
and
the
rules
shall
be
effective
immediately
upon
29
filing
unless
a
later
date
is
specified
in
the
rules.
30
Sec.
36.
ELECTIONS
——
DIRECTIVES
TO
PUBLIC
EMPLOYMENT
31
RELATIONS
BOARD.
32
1.
The
public
employment
relations
board
shall
cancel
any
33
elections
scheduled
or
in
process
pursuant
to
section
20.15,
34
subsection
2,
Code
2021,
as
of
the
effective
date
of
this
Act.
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2.
Notwithstanding
section
20.15,
subsection
1,
paragraph
1
“c”,
Code
2021,
the
public
employment
relations
board
2
shall
consider
a
petition
for
certification
of
an
employee
3
organization
as
the
exclusive
representative
of
a
bargaining
4
unit
for
which
an
employee
organization
was
not
retained
and
5
recertified
as
the
exclusive
representative
of
that
bargaining
6
unit
regardless
of
the
amount
of
time
that
has
elapsed
since
7
the
retention
and
recertification
election
at
which
an
employee
8
organization
was
not
retained
or
recertified.
9
Sec.
37.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
10
deemed
of
immediate
importance,
takes
effect
upon
enactment.
11
Sec.
38.
APPLICABILITY.
With
the
exception
of
the
12
section
of
this
division
of
this
Act
amending
section
20.6,
13
subsection
1,
this
division
of
this
Act
does
not
apply
to
14
collective
bargaining
agreements
which
have
been
ratified
in
a
15
ratification
election
referred
to
in
section
20.17,
subsection
16
4,
for
which
an
arbitrator
has
made
a
final
determination
as
17
described
in
section
20.22,
subsection
11,
or
which
have
become
18
effective,
where
such
events
occurred
before
the
effective
19
date
of
this
division
of
this
Act.
This
division
of
this
Act
20
applies
to
all
collective
bargaining
procedures
provided
for
in
21
chapter
20
occurring
on
and
after
the
effective
date
of
this
22
division
of
this
Act
and
collective
bargaining
agreements
for
23
which
a
ratification
election
referred
to
in
section
20.17,
24
subsection
4,
is
held,
for
which
an
arbitrator
makes
a
final
25
determination
as
described
in
section
20.22,
subsection
11,
or
26
which
become
effective
on
or
after
the
effective
date
of
this
27
division
of
this
Act.
28
DIVISION
IV
29
EDUCATOR
EMPLOYMENT
MATTERS
30
Sec.
39.
Section
279.13,
subsections
2
and
5,
Code
2021,
are
31
amended
to
read
as
follows:
32
2.
The
contract
shall
remain
in
force
and
effect
for
the
33
period
stated
in
the
contract
and
shall
be
automatically
34
continued
for
equivalent
periods
except
as
modified
or
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terminated
by
mutual
agreement
of
the
board
of
directors
and
1
the
teacher
or
as
modified
or
terminated
in
accordance
with
2
the
provisions
specified
in
this
chapter
.
A
contract
shall
3
not
be
offered
by
the
employing
board
to
a
teacher
under
its
4
jurisdiction
prior
to
March
15
of
any
year.
A
teacher
who
has
5
not
accepted
a
contract
for
the
ensuing
school
year
tendered
6
by
the
employing
board
may
resign
effective
at
the
end
of
the
7
current
school
year
by
filing
a
written
resignation
with
the
8
secretary
of
the
board.
The
resignation
must
be
filed
not
9
later
than
the
last
day
of
the
current
school
year
or
the
date
10
specified
by
the
employing
board
for
return
of
the
contract,
11
whichever
date
occurs
first.
However,
a
teacher
shall
not
be
12
required
to
return
a
contract
to
the
board
or
to
resign
less
13
than
twenty-one
days
after
the
contract
has
been
offered.
14
5.
Notwithstanding
the
other
provisions
of
this
section
,
a
15
temporary
contract
may
be
issued
to
a
teacher
for
a
period
of
16
up
to
six
months.
Notwithstanding
the
other
provisions
of
this
17
section
,
a
temporary
contract
may
also
be
issued
to
a
teacher
18
to
fill
a
vacancy
created
by
a
leave
of
absence
in
accordance
19
with
the
provisions
of
section
29A.28
,
which
contract
shall
20
automatically
terminate
upon
return
from
military
leave
of
the
21
former
incumbent
of
the
teaching
position
.
Temporary
contracts
22
and
which
contract
shall
not
be
subject
to
the
provisions
of
23
sections
279.15
through
279.19
,
or
section
279.27
.
A
separate
24
extracurricular
contract
issued
pursuant
to
section
279.19A
to
25
a
person
issued
a
temporary
contract
under
this
section
shall
26
automatically
terminate
with
the
termination
of
the
temporary
27
contract
as
required
under
section
279.19A,
subsection
8
.
28
Sec.
40.
Section
279.13,
subsection
4,
unnumbered
paragraph
29
1,
Code
2021,
is
amended
to
read
as
follows:
30
For
purposes
of
this
section
,
sections
279.14
,
279.15
,
31
279.16
through
279.17
,
279.19
,
and
279.27
,
unless
the
context
32
otherwise
requires,
“teacher”
includes
the
following
individuals
33
employed
by
a
community
college:
34
Sec.
41.
Section
279.14,
Code
2021,
is
amended
to
read
as
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follows:
1
279.14
Evaluation
criteria
and
procedures.
2
1.
The
board
shall
establish
evaluation
criteria
and
shall
3
implement
evaluation
procedures.
If
an
exclusive
bargaining
4
representative
has
been
certified,
the
board
shall
negotiate
5
in
good
faith
with
respect
to
evaluation
procedures
pursuant
6
to
chapter
20.
7
2.
The
determination
of
standards
of
performance
expected
8
of
school
district
personnel
shall
be
reserved
as
an
exclusive
9
management
right
of
the
school
board
and
shall
not
be
subject
10
to
mandatory
negotiations
under
chapter
20
.
Objections
11
Notwithstanding
chapter
20,
objections
to
the
procedures,
12
use,
or
content
of
an
evaluation
in
a
teacher
termination
13
proceeding
brought
before
the
school
board
in
a
hearing
held
in
14
accordance
with
section
279.16
or
279.27
shall
not
be
subject
15
to
any
the
grievance
procedures
negotiated
in
accordance
with
16
chapter
20
.
A
school
district
shall
not
be
obligated
to
17
process
any
evaluation
grievance
after
service
of
a
notice
and
18
recommendation
to
terminate
an
individual’s
continuing
teaching
19
contract
in
accordance
with
this
chapter.
20
Sec.
42.
Section
279.15,
subsection
2,
paragraph
c,
Code
21
2021,
is
amended
to
read
as
follows:
22
c.
Within
five
days
of
the
receipt
of
the
written
notice
23
that
the
superintendent
is
recommending
termination
of
the
24
contract,
the
teacher
may
request,
in
writing
to
the
secretary
25
of
the
board,
a
private
hearing
with
the
board.
The
private
26
hearing
shall
not
be
subject
to
chapter
21
and
shall
be
held
27
no
sooner
than
twenty
ten
days
and
no
later
than
forty
twenty
28
days
following
the
receipt
of
the
request
unless
the
parties
29
otherwise
agree.
The
secretary
of
the
board
shall
notify
the
30
teacher
in
writing
of
the
date,
time,
and
location
of
the
31
private
hearing,
and
at
least
ten
five
days
before
the
hearing
32
shall
also
furnish
to
the
teacher
any
documentation
which
33
may
be
presented
to
the
board
at
the
private
hearing
and
a
34
list
of
persons
who
may
address
the
board
in
support
of
the
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superintendent’s
recommendation
at
the
private
hearing.
At
1
least
seven
three
days
before
the
hearing,
the
teacher
shall
2
provide
any
documentation
the
teacher
expects
to
present
at
3
the
private
hearing,
along
with
the
names
of
any
persons
who
4
may
address
the
board
on
behalf
of
the
teacher.
This
exchange
5
of
information
shall
be
at
the
time
specified
unless
otherwise
6
agreed.
7
Sec.
43.
Section
279.16,
Code
2021,
is
amended
by
striking
8
the
section
and
inserting
in
lieu
thereof
the
following:
9
279.16
Private
hearing
——
decision
——
record.
10
1.
The
participants
at
the
private
hearing
shall
be
11
at
least
a
majority
of
the
members
of
the
board,
their
12
legal
representatives,
if
any,
the
superintendent,
the
13
superintendent’s
designated
representatives,
if
any,
the
14
teacher’s
immediate
supervisor,
the
teacher,
the
teacher’s
15
representatives,
if
any,
and
the
witnesses
for
the
parties.
16
The
evidence
at
the
private
hearing
shall
be
limited
to
the
17
specific
reasons
stated
in
the
superintendent’s
notice
of
18
recommendation
of
termination.
No
participant
in
the
hearing
19
shall
be
liable
for
any
damages
to
any
person
if
any
statement
20
at
the
hearing
is
determined
to
be
erroneous
as
long
as
the
21
statement
was
made
in
good
faith.
The
superintendent
shall
22
present
evidence
and
argument
on
all
issues
involved
and
23
the
teacher
may
cross-examine,
respond
and
present
evidence
24
and
argument
in
the
teacher’s
behalf
relevant
to
all
issues
25
involved.
Evidence
may
be
by
stipulation
of
the
parties
and
26
informal
settlement
may
be
made
by
stipulation,
consent,
or
27
default
or
by
any
other
method
agreed
upon
by
the
parties
in
28
writing.
The
board
shall
employ
a
certified
shorthand
reporter
29
to
keep
a
record
of
the
private
hearing.
The
proceedings
30
or
any
part
thereof
shall
be
transcribed
at
the
request
of
31
either
party
with
the
expense
of
transcription
charged
to
the
32
requesting
party.
33
2.
The
presiding
officer
of
the
board
may
administer
oaths
34
in
the
same
manner
and
with
like
effect
and
under
the
same
35
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penalties
as
in
the
case
of
magistrates
exercising
criminal
1
or
civil
jurisdiction.
The
board
shall
cause
subpoenas
to
be
2
issued
for
such
witnesses
and
the
production
of
such
books
3
and
papers
as
either
the
board
or
the
teacher
may
designate.
4
The
subpoenas
shall
be
signed
by
the
presiding
officer
of
the
5
board.
6
3.
In
case
a
witness
is
duly
subpoenaed
and
refuses
to
7
attend,
or
in
case
a
witness
appears
and
refuses
to
testify
8
or
to
produce
required
books
or
papers,
the
board
shall,
9
in
writing,
report
such
refusal
to
the
district
court
of
10
the
county
in
which
the
administrative
office
of
the
school
11
district
is
located,
and
the
court
shall
proceed
with
the
12
person
or
witness
as
though
the
refusal
had
occurred
in
a
13
proceeding
legally
pending
before
the
court.
14
4.
The
board
shall
not
be
bound
by
common
law
or
statutory
15
rules
of
evidence
or
by
technical
or
formal
rules
of
procedure,
16
but
it
shall
hold
the
hearing
in
such
manner
as
is
best
suited
17
to
ascertain
and
conserve
the
substantial
rights
of
the
18
parties.
Process
and
procedure
under
sections
279.13
through
19
279.19
shall
be
as
summary
as
reasonably
may
be.
20
5.
At
the
conclusion
of
the
private
hearing,
the
21
superintendent
and
the
teacher
may
file
written
briefs
and
22
arguments
with
the
board
within
three
days
or
such
other
time
23
as
may
be
agreed
upon.
24
6.
If
the
teacher
fails
to
timely
request
a
private
hearing
25
or
does
not
appear
at
the
private
hearing,
the
board
may
26
proceed
and
make
a
determination
upon
the
superintendent’s
27
recommendation.
If
the
teacher
fails
to
timely
file
a
request
28
for
a
private
hearing,
the
determination
shall
be
not
later
29
than
May
31.
If
the
teacher
fails
to
appear
at
the
private
30
hearing,
the
determination
shall
be
not
later
than
five
days
31
after
the
scheduled
date
for
the
private
hearing.
The
board
32
shall
convene
in
open
session
and
by
roll
call
vote
determine
33
the
termination
or
continuance
of
the
teacher’s
contract
34
and,
if
the
board
votes
to
continue
the
teacher’s
contract,
35
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whether
to
suspend
the
teacher
with
or
without
pay
for
a
period
1
specified
by
the
board.
2
7.
Within
five
days
after
the
private
hearing,
the
board
3
shall,
in
executive
session,
meet
to
make
a
final
decision
4
upon
the
recommendation
and
the
evidence
as
herein
provided.
5
The
board
shall
also
consider
any
written
brief
and
arguments
6
submitted
by
the
superintendent
and
the
teacher.
7
8.
The
record
for
a
private
hearing
shall
include:
8
a.
All
pleadings,
motions
and
intermediate
rulings.
9
b.
All
evidence
received
or
considered
and
all
other
10
submissions.
11
c.
A
statement
of
all
matters
officially
noticed.
12
d.
All
questions
and
offers
of
proof,
objections
and
rulings
13
thereon.
14
e.
All
findings
and
exceptions.
15
f.
Any
decision,
opinion,
or
conclusion
by
the
board.
16
g.
Findings
of
fact
shall
be
based
solely
on
the
evidence
in
17
the
record
and
on
matters
officially
noticed
in
the
record.
18
9.
The
decision
of
the
board
shall
be
in
writing
and
shall
19
include
findings
of
fact
and
conclusions
of
law,
separately
20
stated.
Findings
of
fact,
if
set
forth
in
statutory
language,
21
shall
be
accompanied
by
a
concise
and
explicit
statement
of
22
the
underlying
facts
supporting
the
findings.
Each
conclusion
23
of
law
shall
be
supported
by
cited
authority
or
by
reasoned
24
opinion.
25
10.
When
the
board
has
reached
a
decision,
opinion,
or
26
conclusion,
it
shall
convene
in
open
meeting
and
by
roll
27
call
vote
determine
the
continuance
or
discontinuance
of
the
28
teacher’s
contract
and,
if
the
board
votes
to
continue
the
29
teacher’s
contract,
whether
to
suspend
the
teacher
with
or
30
without
pay
for
a
period
specified
by
the
board.
The
record
31
of
the
private
conference
and
findings
of
fact
and
exceptions
32
shall
be
exempt
from
the
provisions
of
chapter
22
.
The
33
secretary
of
the
board
shall
immediately
mail
notice
of
the
34
board’s
action
to
the
teacher.
35
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Sec.
44.
NEW
SECTION
.
279.17
Appeal
by
teacher
to
1
adjudicator.
2
1.
If
the
teacher
is
no
longer
a
probationary
teacher,
the
3
teacher
may,
within
ten
days,
appeal
the
determination
of
the
4
board
to
an
adjudicator
by
filing
a
notice
of
appeal
with
the
5
secretary
of
the
board.
The
notice
of
appeal
shall
contain
a
6
concise
statement
of
the
action
which
is
the
subject
of
the
7
appeal,
the
particular
board
action
appealed
from,
the
grounds
8
on
which
relief
is
sought
and
the
relief
sought.
9
2.
Within
five
days
following
receipt
by
the
secretary
10
of
the
notice
of
appeal,
the
board
or
the
board’s
legal
11
representative,
if
any,
and
the
teacher
or
the
teacher’s
12
representative,
if
any,
may
select
an
adjudicator
who
resides
13
within
the
boundaries
of
the
merged
area
in
which
the
school
14
district
is
located.
If
an
adjudicator
cannot
be
mutually
15
agreed
upon
within
the
five-day
period,
the
secretary
shall
16
notify
the
chairperson
of
the
public
employment
relations
board
17
by
transmitting
the
notice
of
appeal,
and
the
chairperson
of
18
the
public
employment
relations
board
shall
within
five
days
19
provide
a
list
of
five
adjudicators
to
the
parties.
Within
20
three
days
from
receipt
of
the
list
of
adjudicators,
the
21
parties
shall
select
an
adjudicator
by
alternately
removing
a
22
name
from
the
list
until
only
one
name
remains.
The
person
23
whose
name
remains
shall
be
the
adjudicator.
The
parties
shall
24
determine
by
lot
which
party
shall
remove
the
first
name
from
25
the
list
submitted
by
the
chairperson
of
the
public
employment
26
relations
board.
The
secretary
of
the
board
shall
inform
the
27
chairperson
of
the
public
employment
relations
board
of
the
28
name
of
the
adjudicator
selected.
29
3.
If
the
teacher
does
not
timely
request
an
appeal
to
an
30
adjudicator,
the
decision,
opinion,
or
conclusion
of
the
board
31
shall
become
final
and
binding.
32
4.
a.
Within
thirty
days
after
filing
the
notice
of
appeal,
33
or
within
further
time
allowed
by
the
adjudicator,
the
board
34
shall
transmit
to
the
adjudicator
the
original
or
a
certified
35
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copy
of
the
entire
record
of
the
private
hearing
which
may
be
1
the
subject
of
the
petition.
By
stipulation
of
the
parties
2
to
review
the
proceedings,
the
record
of
the
case
may
be
3
shortened.
The
adjudicator
may
require
or
permit
subsequent
4
corrections
or
additions
to
the
shortened
record.
5
b.
The
record
certified
and
filed
by
the
board
shall
be
the
6
record
upon
which
the
appeal
shall
be
heard
and
no
additional
7
evidence
shall
be
heard
by
the
adjudicator.
In
such
appeal
to
8
the
adjudicator,
especially
when
considering
the
credibility
9
of
witnesses,
the
adjudicator
shall
give
weight
to
the
fact
10
findings
of
the
board
but
shall
not
be
bound
by
them.
11
5.
Before
the
date
set
for
hearing
a
petition
for
review
12
of
board
action,
which
shall
be
within
ten
days
after
13
receipt
of
the
record
unless
otherwise
agreed
or
unless
the
14
adjudicator
orders
additional
evidence
be
taken
before
the
15
board,
application
may
be
made
to
the
adjudicator
for
leave
to
16
present
evidence
in
addition
to
that
found
in
the
record
of
the
17
case.
If
it
is
shown
to
the
adjudicator
that
the
additional
18
evidence
is
material
and
that
there
were
good
reasons
for
19
failure
to
present
it
in
the
private
hearing
before
the
board,
20
the
adjudicator
may
order
that
the
additional
evidence
be
taken
21
before
the
board
upon
conditions
determined
by
the
adjudicator.
22
The
board
may
modify
its
findings
and
decision
in
the
case
by
23
reason
of
the
additional
evidence
and
shall
file
that
evidence
24
and
any
modifications,
new
findings,
or
decisions,
with
the
25
adjudicator
and
mail
copies
of
the
new
findings
or
decisions
26
to
the
teacher.
27
6.
The
adjudicator
may
affirm
board
action
or
remand
to
the
28
board
for
further
proceedings.
The
adjudicator
shall
reverse,
29
modify,
or
grant
any
appropriate
relief
from
the
board
action
30
if
substantial
rights
of
the
teacher
have
been
prejudiced
31
because
the
board
action
is
any
of
the
following:
32
a.
In
violation
of
a
board
rule
or
policy
or
contract.
33
b.
Unsupported
by
a
preponderance
of
the
competent
evidence
34
in
the
record
made
before
the
board
when
that
record
is
viewed
35
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715
as
a
whole.
1
c.
Unreasonable,
arbitrary
or
capricious
or
characterized
2
by
an
abuse
of
discretion
or
a
clearly
unwarranted
exercise
of
3
discretion.
4
7.
The
adjudicator
shall,
within
fifteen
days
after
the
5
hearing,
make
a
decision
and
shall
give
a
copy
of
the
decision
6
to
the
teacher
and
the
secretary
of
the
board.
The
decision
7
of
the
adjudicator
shall
become
the
final
and
binding
decision
8
of
the
board
unless
either
party
within
ten
days
notifies
the
9
secretary
of
the
board
that
the
decision
is
rejected.
The
10
board
may
reject
the
decision
by
majority
roll
call
vote,
in
11
open
meeting,
entered
into
the
minutes
of
the
meeting.
The
12
board
shall
immediately
notify
the
teacher
of
its
decision
13
by
certified
mail.
The
teacher
may
reject
the
adjudicator’s
14
decision
by
notifying
the
board’s
secretary
in
writing
within
15
ten
days
of
the
filing
of
such
decision.
16
8.
All
costs
of
the
adjudicator
shall
be
shared
equally
by
17
the
teacher
and
the
board.
18
Sec.
45.
Section
279.18,
Code
2021,
is
amended
by
striking
19
the
section
and
inserting
in
lieu
thereof
the
following:
20
279.18
Appeal
by
either
party
to
court.
21
1.
If
either
party
rejects
the
adjudicator’s
decision,
22
the
rejecting
party
shall,
within
thirty
days
of
the
initial
23
filing
of
such
decision,
appeal
to
the
district
court
of
24
the
county
in
which
the
administrative
office
of
the
school
25
district
is
located.
The
notice
of
appeal
shall
be
immediately
26
mailed
by
certified
mail
to
the
other
party.
The
adjudicator
27
shall
transmit
to
the
reviewing
court
the
original
or
a
28
certified
copy
of
the
entire
record
which
may
be
the
subject
29
of
the
petition.
By
stipulation
of
all
parties
to
the
review
30
proceedings,
the
record
of
such
a
case
may
be
shortened.
A
31
party
unreasonably
refusing
to
stipulate
to
limit
the
record
32
may
be
taxed
by
the
court
for
the
additional
cost.
The
court
33
may
require
or
permit
subsequent
corrections
or
additions
to
34
the
shortened
record.
35
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715
2.
In
proceedings
for
judicial
review
of
the
adjudicator’s
1
decision,
the
court
shall
not
hear
any
further
evidence
2
but
shall
hear
the
case
upon
the
certified
record.
In
such
3
judicial
review,
especially
when
considering
the
credibility
of
4
witnesses,
the
court
shall
give
weight
to
the
fact
findings
of
5
the
board
but
shall
not
be
bound
by
them.
The
court
may
affirm
6
the
adjudicator’s
decision
or
remand
to
the
adjudicator
or
the
7
board
for
further
proceedings
upon
conditions
determined
by
the
8
court.
The
court
shall
reverse,
modify,
or
grant
any
other
9
appropriate
relief
from
the
board
decision
or
the
adjudicator’s
10
decision
equitable
or
legal
and
including
declaratory
relief
11
if
substantial
rights
of
the
petitioner
have
been
prejudiced
12
because
the
action
is
any
of
the
following:
13
a.
In
violation
of
constitutional
or
statutory
provisions.
14
b.
In
excess
of
the
statutory
authority
of
the
board
or
the
15
adjudicator.
16
c.
In
violation
of
a
board
rule
or
policy
or
contract.
17
d.
Made
upon
unlawful
procedure.
18
e.
Affected
by
other
error
of
law.
19
f.
Unsupported
by
a
preponderance
of
the
competent
evidence
20
in
the
record
made
before
the
board
and
the
adjudicator
when
21
that
record
is
viewed
as
a
whole.
22
g.
Unreasonable,
arbitrary
or
capricious
or
characterized
23
by
an
abuse
of
discretion
or
a
clearly
unwarranted
exercise
of
24
discretion.
25
3.
An
aggrieved
or
adversely
affected
party
to
the
judicial
26
review
proceeding
may
obtain
a
review
of
any
final
judgment
of
27
the
district
court
by
appeal
to
the
supreme
court.
The
appeal
28
shall
be
taken
as
in
other
civil
cases,
although
the
appeal
may
29
be
taken
regardless
of
the
amount
involved.
30
4.
For
purposes
of
this
section,
unless
the
context
31
otherwise
requires,
“rejecting
party”
shall
include
but
not
be
32
limited
to
an
instructor
employed
by
a
community
college.
33
Sec.
46.
Section
279.19,
Code
2021,
is
amended
by
striking
34
the
section
and
inserting
in
lieu
thereof
the
following:
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279.19
Probationary
period.
1
1.
The
first
three
consecutive
years
of
employment
of
2
a
teacher
in
the
same
school
district
are
a
probationary
3
period.
However,
if
the
teacher
has
successfully
completed
a
4
probationary
period
of
employment
for
another
school
district
5
located
in
Iowa,
the
probationary
period
in
the
current
6
district
of
employment
shall
not
exceed
one
year.
A
board
of
7
directors
may
waive
the
probationary
period
for
any
teacher
who
8
previously
has
served
a
probationary
period
in
another
school
9
district
and
the
board
may
extend
the
probationary
period
for
10
an
additional
year
with
the
consent
of
the
teacher.
11
2.
a.
In
the
case
of
the
termination
of
a
probationary
12
teacher’s
contract,
the
provisions
of
sections
279.15
and
13
279.16
shall
apply.
However,
if
the
probationary
teacher
is
a
14
beginning
teacher
who
fails
to
demonstrate
competence
in
the
15
Iowa
teaching
standards
in
accordance
with
chapter
284,
the
16
provisions
of
sections
279.17
and
279.18
shall
also
apply.
17
b.
The
board’s
decision
shall
be
final
and
binding
unless
18
the
termination
was
based
upon
an
alleged
violation
of
a
19
constitutionally
guaranteed
right
of
the
teacher
or
an
alleged
20
violation
of
public
employee
rights
of
the
teacher
under
21
section
20.10.
22
3.
Notwithstanding
any
provision
to
the
contrary,
the
23
grievance
procedures
of
section
20.18
relating
to
job
24
performance
or
job
retention
shall
not
apply
to
a
teacher
25
during
the
first
two
years
of
the
teacher’s
probationary
26
period.
However,
this
subsection
shall
not
apply
to
a
teacher
27
who
has
successfully
completed
a
probationary
period
in
a
28
school
district
in
Iowa.
29
Sec.
47.
Section
279.19A,
subsections
1,
2,
7,
and
8,
Code
30
2021,
are
amended
to
read
as
follows:
31
1.
School
districts
employing
individuals
to
coach
32
interscholastic
athletic
sports
shall
issue
a
separate
33
extracurricular
contract
for
each
of
these
sports.
An
34
extracurricular
contract
offered
under
this
section
shall
be
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separate
from
the
contract
issued
under
section
279.13
.
Wages
1
for
employees
who
coach
these
sports
shall
be
paid
pursuant
2
to
established
or
negotiated
supplemental
pay
schedules.
3
An
extracurricular
contract
shall
be
in
writing,
and
shall
4
state
the
number
of
contract
days
for
that
sport,
the
annual
5
compensation
to
be
paid,
and
any
other
matters
as
may
be
6
mutually
agreed
upon.
The
contract
shall
be
for
a
single
7
school
year.
8
2.
a.
An
extracurricular
contract
shall
be
continued
9
automatically
in
force
and
effect
for
equivalent
periods,
10
except
as
modified
or
terminated
by
mutual
agreement
of
11
the
board
of
directors
and
the
employee,
or
terminated
in
12
accordance
with
this
section.
An
extracurricular
contract
13
shall
initially
be
offered
by
the
employing
board
to
an
14
individual
on
the
same
date
that
contracts
are
offered
to
15
teachers
under
section
279.13.
An
extracurricular
contract
16
may
be
terminated
at
the
end
of
a
school
year
pursuant
to
17
sections
279.15
through
279.19.
If
the
school
district
offers
18
an
extracurricular
contract
for
a
sport
for
the
subsequent
19
school
year
to
an
employee
who
is
currently
performing
20
under
an
extracurricular
contract
for
that
sport,
and
the
21
employee
does
not
wish
to
accept
the
extracurricular
contract
22
for
the
subsequent
year,
the
employee
may
resign
from
the
23
extracurricular
contract
within
twenty-one
days
after
it
has
24
been
received.
25
b.
If
the
provisions
of
an
extracurricular
contract
executed
26
under
this
section
conflict
with
a
collective
bargaining
27
agreement
negotiated
under
chapter
20
and
effective
when
the
28
extracurricular
contract
is
executed
or
renewed,
the
provisions
29
of
the
collective
bargaining
agreement
shall
prevail
Section
30
279.13,
subsection
3,
applies
to
this
section
.
31
7.
An
extracurricular
contract
may
be
terminated
prior
to
32
the
expiration
of
that
contract
for
any
lawful
reason
following
33
an
informal,
private
hearing
before
the
board
of
directors
34
pursuant
to
section
279.27
.
The
decision
of
the
board
to
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terminate
an
extracurricular
contract
shall
be
final.
1
8.
a.
A
termination
proceeding
regarding
an
extracurricular
2
contract
shall
either
by
the
board
pursuant
to
subsection
2
or
3
pursuant
to
section
279.27
does
not
affect
a
contract
issued
4
pursuant
to
section
279.13
.
5
b.
A
termination
of
a
contract
entered
into
pursuant
to
6
section
279.13
,
or
a
resignation
from
that
contract
by
the
7
teacher,
constitutes
an
automatic
termination
or
resignation
of
8
the
extracurricular
contract
in
effect
between
the
same
teacher
9
and
the
employing
school
board.
10
Sec.
48.
Section
279.23,
subsection
1,
paragraph
c,
Code
11
2021,
is
amended
to
read
as
follows:
12
c.
The
rate
of
compensation
per
week
of
five
consecutive
13
days
or
month
of
four
consecutive
weeks
.
14
Sec.
49.
Section
279.23,
subsection
5,
Code
2021,
is
amended
15
to
read
as
follows:
16
5.
Notwithstanding
the
other
provisions
of
this
section
,
17
a
temporary
contract
may
be
issued
to
an
administrator
for
18
up
to
nine
months.
Notwithstanding
the
other
provisions
of
19
this
section
,
a
temporary
contract
may
also
be
issued
to
20
an
administrator
to
fill
a
vacancy
created
by
a
leave
of
21
absence
in
accordance
with
the
provisions
of
section
29A.28
,
22
which
contract
shall
automatically
terminate
upon
return
from
23
military
leave
of
the
former
incumbent
of
the
administrator
24
position
.
Temporary
contracts
and
which
contract
shall
not
be
25
subject
to
the
provisions
of
sections
279.24
and
279.25
.
26
Sec.
50.
Section
279.24,
subsections
2
and
4,
Code
2021,
are
27
amended
to
read
as
follows:
28
2.
If
the
board
of
directors
is
considering
termination
of
29
an
administrator’s
contract,
prior
to
any
formal
action,
the
30
board
may
arrange
to
meet
in
closed
session,
in
accordance
with
31
the
provisions
of
section
21.5
,
with
the
administrator
and
the
32
administrator’s
representative.
The
board
shall
review
the
33
administrator’s
evaluation,
review
the
reasons
for
nonrenewal,
34
and
give
the
administrator
an
opportunity
to
respond.
If,
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following
the
closed
session,
the
board
of
directors
and
the
1
administrator
are
unable
to
mutually
agree
to
a
modification
2
or
termination
of
the
administrator’s
contract,
or
the
board
3
of
directors
may
issue
and
the
administrator
are
unable
to
4
mutually
agree
to
enter
into
a
one-year
,
nonrenewable
contract
,
5
to
the
administrator.
If
the
board
of
directors
decides
to
6
terminate
the
administrator’s
contract,
the
board
shall
follow
7
the
procedures
in
this
section
.
8
4.
Administrators
employed
in
a
school
district
for
9
less
than
three
two
consecutive
years
are
probationary
10
administrators.
However,
a
school
board
may
waive
the
11
probationary
period
for
any
administrator
who
has
previously
12
served
a
probationary
period
in
another
school
district
and
13
the
school
board
may
extend
the
probationary
period
for
an
14
additional
year
with
the
consent
of
the
administrator.
If
a
15
school
board
determines
that
it
should
terminate
a
probationary
16
administrator’s
contract,
the
school
board
shall
notify
the
17
administrator
not
later
than
May
15
that
the
contract
will
not
18
be
renewed
beyond
the
current
year.
The
notice
shall
be
in
19
writing
by
letter,
personally
delivered,
or
mailed
by
certified
20
mail.
The
notification
shall
be
complete
when
received
by
the
21
administrator.
Within
ten
days
after
receiving
the
notice,
the
22
administrator
may
request
a
private
conference
with
the
school
23
board
to
discuss
the
reasons
for
termination.
The
school
24
board’s
decision
to
terminate
a
probationary
administrator’s
25
contract
shall
be
final
unless
the
termination
was
based
upon
26
an
alleged
violation
of
a
constitutionally
guaranteed
right
of
27
the
administrator.
28
Sec.
51.
Section
279.24,
subsection
5,
paragraphs
c,
d,
e,
29
f,
g,
and
h,
Code
2021,
are
amended
to
read
as
follows:
30
c.
Within
five
days
after
receipt
of
the
written
notice
31
that
the
school
board
has
voted
to
consider
termination
of
32
the
contract,
the
administrator
may
request
a
private
hearing
33
in
writing
to
the
secretary
of
the
school
board
.
The
board
34
shall
then
forward
that
the
notification
be
forwarded
to
the
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board
of
educational
examiners
along
with
a
request
that
the
1
board
of
educational
examiners
submit
a
list
of
five
qualified
2
administrative
law
judges
to
the
parties.
Within
three
3
days
from
receipt
of
the
list
the
parties
shall
select
an
4
administrative
law
judge
by
alternately
removing
a
name
from
5
the
list
until
only
one
name
remains.
The
person
whose
name
6
remains
shall
be
the
administrative
law
judge.
The
parties
7
shall
determine
by
lot
which
party
shall
remove
the
first
8
name
from
the
list.
The
private
hearing
shall
be
held
no
9
sooner
than
twenty
ten
days
and
not
later
than
forty
thirty
10
days
following
the
administrator’s
request
unless
the
parties
11
otherwise
agree.
If
the
administrator
does
not
request
a
12
private
hearing,
the
school
board,
not
later
than
May
31,
may
13
determine
the
continuance
or
discontinuance
of
the
contract
14
and,
if
the
board
determines
to
continue
the
administrator’s
15
contract,
whether
to
suspend
the
administrator
with
or
without
16
pay
for
a
period
specified
by
the
board.
School
board
action
17
shall
be
by
majority
roll
call
vote
entered
on
the
minutes
of
18
the
meeting.
Notice
of
school
board
action
shall
be
personally
19
delivered
or
mailed
to
the
administrator.
20
d.
The
administrative
law
judge
selected
shall
notify
21
the
secretary
of
the
school
board
and
the
administrator
in
22
writing
concerning
the
date,
time,
and
location
of
the
private
23
hearing.
The
school
board
may
be
represented
by
a
legal
24
representative,
if
any,
and
the
administrator
shall
appear
and
25
may
be
represented
by
counsel
or
by
representative,
if
any.
26
Any
witnesses
for
the
parties
at
the
private
hearing
shall
be
27
sequestered.
A
transcript
or
recording
shall
be
made
of
the
28
proceedings
at
the
private
hearing.
A
school
board
member
or
29
administrator
is
not
liable
for
any
damage
to
an
administrator
30
or
school
board
member
if
a
statement
made
at
the
private
31
hearing
is
determined
to
be
erroneous
as
long
as
the
statement
32
was
made
in
good
faith.
33
e.
The
administrative
law
judge
shall,
within
ten
days
34
following
the
date
of
the
private
hearing,
make
a
proposed
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decision
as
to
whether
or
not
the
administrator
should
be
1
dismissed,
and
shall
give
a
copy
of
the
proposed
decision
to
2
the
administrator
and
the
school
board.
Findings
of
fact
shall
3
be
prepared
by
the
administrative
law
judge.
The
proposed
4
decision
of
the
administrative
law
judge
shall
become
the
final
5
decision
of
the
school
board
unless
within
thirty
ten
days
6
after
the
filing
of
the
decision
the
administrator
files
a
7
written
notice
of
appeal
with
the
school
board,
or
the
school
8
board
on
its
own
motion
determines
to
review
the
decision.
9
f.
If
the
administrator
appeals
to
the
school
board,
or
if
10
the
school
board
determines
on
its
own
motion
to
review
the
11
proposed
decision
of
the
administrative
law
judge,
a
private
12
hearing
shall
be
held
before
the
school
board
within
ten
five
13
days
after
the
petition
for
review,
or
motion
for
review,
has
14
been
made
or
at
such
other
time
as
the
parties
agree.
The
15
private
hearing
is
not
subject
to
chapter
21
.
The
school
board
16
may
hear
the
case
de
novo
upon
the
record
as
submitted
before
17
the
administrative
law
judge.
In
cases
where
there
is
an
18
appeal
from
a
proposed
decision
or
where
a
proposed
decision
19
is
reviewed
on
motion
of
the
school
board,
an
opportunity
20
shall
be
afforded
to
each
party
to
file
exceptions,
present
21
briefs,
and
present
oral
arguments
to
the
school
board
which
22
is
to
render
the
final
decision.
The
secretary
of
the
school
23
board
shall
give
the
administrator
written
notice
of
the
time,
24
place,
and
date
of
the
private
hearing.
The
school
board
shall
25
meet
within
five
days
after
the
private
hearing
to
determine
26
the
question
of
continuance
or
discontinuance
of
the
contract
27
and,
if
the
board
determines
to
continue
the
administrator’s
28
contract,
whether
to
suspend
the
administrator
with
or
29
without
pay
for
a
period
specified
by
the
board
or
issue
the
30
administrator
a
one-year,
nonrenewable
contract
.
The
school
31
board
shall
make
findings
of
fact
which
shall
be
based
solely
32
on
the
evidence
in
the
record
and
on
matters
officially
noticed
33
in
the
record.
34
g.
The
decision
of
the
school
board
shall
be
in
writing
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and
shall
include
finding
of
fact
and
conclusions
of
law,
1
separately
stated
.
Findings
of
fact,
if
set
forth
in
statutory
2
language,
shall
be
accompanied
by
a
concise
and
explicit
3
statement
of
the
underlying
facts
supporting
the
findings.
4
Each
conclusion
of
law
shall
be
supported
by
cited
authority
5
or
by
reasoned
opinion.
6
h.
When
the
school
board
has
reached
a
decision,
opinion,
7
or
conclusion,
it
shall
convene
in
open
meeting
and
by
roll
8
call
vote
determine
the
continuance
or
discontinuance
of
9
the
administrator’s
contract
and,
if
the
board
votes
to
10
continue
the
administrator’s
contract,
whether
to
suspend
the
11
administrator
with
or
without
pay
for
a
period
specified
by
12
the
board
or
issue
the
administrator
a
one-year,
nonrenewable
13
contract
.
The
record
of
the
private
hearing
conference
and
14
written
decision
of
the
board
findings
of
fact
and
exceptions
15
shall
be
exempt
from
the
provisions
of
chapter
22
.
The
16
secretary
of
the
school
board
shall
immediately
personally
17
deliver
or
mail
notice
of
the
school
board’s
action
to
the
18
administrator.
19
Sec.
52.
Section
279.27,
Code
2021,
is
amended
to
read
as
20
follows:
21
279.27
Discharge
of
teacher.
22
1.
A
teacher
may
be
discharged
at
any
time
during
the
23
contract
year
for
just
cause.
The
superintendent
or
the
24
superintendent’s
designee,
shall
notify
the
teacher
immediately
25
that
the
superintendent
will
recommend
in
writing
to
the
board
26
at
a
regular
or
special
meeting
of
the
board
held
not
more
27
than
fifteen
days
after
notification
has
been
given
to
the
28
teacher
that
the
teacher’s
continuing
contract
be
terminated
29
effective
immediately
following
a
decision
of
the
board.
30
The
procedure
for
dismissal
shall
be
as
provided
in
section
31
279.15,
subsection
2
,
and
sections
279.16
through
279.19
.
The
32
superintendent
may
suspend
a
teacher
under
this
section
pending
33
hearing
and
determination
by
the
board.
34
2.
For
purposes
of
this
section
,
“just
cause”
includes
35
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but
is
not
limited
to
a
violation
of
the
code
of
professional
1
conduct
and
ethics
of
the
board
of
educational
examiners
if
2
the
board
has
taken
disciplinary
action
against
a
teacher,
3
during
the
six
months
following
issuance
by
the
board
of
a
4
final
written
decision
and
finding
of
fact
after
a
disciplinary
5
proceeding.
6
Sec.
53.
Section
284.3,
subsection
2,
Code
2021,
is
amended
7
to
read
as
follows:
8
2.
A
school
board
shall
provide
for
the
following:
9
a.
For
purposes
of
comprehensive
evaluations,
standards
10
and
criteria
which
measure
a
beginning
teacher’s
performance
11
against
the
Iowa
teaching
standards
specified
in
subsection
1
,
12
and
the
criteria
for
the
Iowa
teaching
standards
developed
by
13
the
department
in
accordance
with
section
256.9,
to
determine
14
whether
the
teacher’s
practice
meets
the
requirements
specified
15
for
a
career
teacher.
These
standards
and
criteria
shall
be
16
set
forth
in
an
instrument
provided
by
the
department.
The
17
comprehensive
evaluation
and
instrument
are
not
subject
to
18
negotiations
or
grievance
procedures
pursuant
to
chapter
20
or
19
determinations
made
by
the
board
of
directors
under
section
20
279.14
.
A
local
school
board
and
its
certified
bargaining
21
representative
may
negotiate,
pursuant
to
chapter
20,
22
evaluation
and
grievance
procedures
for
beginning
teachers
that
23
are
not
in
conflict
with
this
chapter.
If,
in
accordance
with
24
section
279.19,
a
beginning
teacher
appeals
the
determination
25
of
a
school
board
to
an
adjudicator
under
section
279.17,
the
26
adjudicator
selected
shall
have
successfully
completed
training
27
related
to
the
Iowa
teacher
standards,
the
criteria
adopted
28
by
the
state
board
in
accordance
with
subsection
3,
and
any
29
additional
training
required
under
rules
adopted
by
the
public
30
employment
relations
board
in
cooperation
with
the
state
board.
31
b.
For
purposes
of
performance
reviews
for
teachers
other
32
than
beginning
teachers,
evaluations
that
contain,
at
a
33
minimum,
the
Iowa
teaching
standards
specified
in
subsection
34
1
,
as
well
as
the
criteria
for
the
Iowa
teaching
standards
35
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developed
by
the
department
in
accordance
with
section
1
256.9,
subsection
42
.
A
local
school
board
and
its
certified
2
bargaining
representative
may
negotiate,
pursuant
to
chapter
3
20,
additional
teaching
standards
and
criteria.
A
local
4
school
board
and
its
certified
bargaining
representative
shall
5
negotiate,
pursuant
to
chapter
20,
evaluation
and
grievance
6
procedures
for
teachers
other
than
beginning
teachers
that
are
7
not
in
conflict
with
this
chapter.
8
Sec.
54.
Section
284.4,
subsection
1,
paragraph
b,
9
subparagraphs
(2)
and
(5),
Code
2021,
are
amended
to
read
as
10
follows:
11
(2)
Monitor
the
evaluation
requirements
of
this
chapter
12
to
ensure
evaluations
are
conducted
in
a
fair
and
consistent
13
manner
throughout
the
school
district
or
agency.
The
committee
14
shall
In
addition
to
any
negotiated
evaluation
procedures,
15
develop
model
evidence
for
the
Iowa
teaching
standards
and
16
criteria.
The
model
evidence
will
minimize
paperwork
and
focus
17
on
teacher
improvement.
The
model
evidence
will
determine
18
which
standards
and
criteria
can
be
met
with
observation
and
19
which
evidence
meets
multiple
standards
and
criteria.
20
(5)
Determine
Ensure
the
agreement
negotiated
pursuant
to
21
chapter
20
determines
the
compensation
for
teachers
on
the
22
committee
for
work
responsibilities
required
beyond
the
normal
23
work
day.
24
Sec.
55.
Section
284.8,
subsections
2
and
3,
Code
2021,
are
25
amended
to
read
as
follows:
26
2.
If
a
supervisor
or
an
evaluator
determines,
at
any
time,
27
as
a
result
of
a
teacher’s
performance
that
the
teacher
is
not
28
meeting
district
expectations
under
the
Iowa
teaching
standards
29
specified
in
section
284.3,
subsection
1
,
paragraphs
“a”
30
through
“h”
,
and
the
criteria
for
the
Iowa
teaching
standards
31
developed
by
the
department
in
accordance
with
section
256.9,
32
subsection
42
,
and
any
other
standards
or
criteria
established
33
in
the
collective
bargaining
agreement,
the
evaluator
shall,
34
at
the
direction
of
the
teacher’s
supervisor,
recommend
to
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the
district
that
the
teacher
participate
in
an
intensive
1
assistance
program.
The
intensive
assistance
program
and
its
2
implementation
are
not
subject
to
negotiation
and
grievance
3
procedures
established
pursuant
to
chapter
20
.
All
school
4
districts
shall
be
prepared
to
offer
an
intensive
assistance
5
program.
6
3.
A
teacher
who
is
not
meeting
the
applicable
standards
and
7
criteria
based
on
a
determination
made
pursuant
to
subsection
2
8
shall
participate
in
an
intensive
assistance
program.
However,
9
a
teacher
who
has
previously
participated
in
an
intensive
10
assistance
program
relating
to
particular
Iowa
teaching
11
standards
or
criteria
shall
not
be
entitled
to
participate
12
in
another
intensive
assistance
program
relating
to
the
same
13
standards
or
criteria
and
shall
be
subject
to
the
provisions
of
14
subsection
4
.
15
Sec.
56.
Section
284.8,
Code
2021,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
2A.
If
a
teacher
is
denied
advancement
18
to
the
career
II
or
advanced
teacher
level
based
upon
a
19
performance
review,
the
teacher
may
appeal
the
decision
to
an
20
adjudicator
under
the
process
established
under
section
279.17.
21
However,
the
decision
of
the
adjudicator
is
final.
22
Sec.
57.
Section
284.8,
subsection
4,
Code
2021,
is
amended
23
by
striking
the
subsection.
24
Sec.
58.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
25
deemed
of
immediate
importance,
takes
effect
upon
enactment.
26
Sec.
59.
APPLICABILITY.
This
division
of
this
Act
applies
27
to
employment
contracts
of
school
employees
entered
into
28
pursuant
to
chapter
279
on
and
after
the
effective
date
of
29
this
division
of
this
Act.
This
division
of
this
Act
does
30
not
apply
to
collective
bargaining
agreements
which
have
been
31
ratified
in
a
ratification
election
referred
to
in
section
32
20.17,
subsection
4,
for
which
an
arbitrator
has
made
a
final
33
determination
as
described
in
section
20.22,
subsection
11,
34
or
which
have
become
effective,
where
such
events
occurred
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before
the
effective
date
of
this
division
of
this
Act.
This
1
division
of
this
Act
applies
to
all
collective
bargaining
2
procedures
provided
for
in
chapter
20
occurring
on
and
after
3
the
effective
date
of
this
division
of
this
Act
and
collective
4
bargaining
agreements
pursuant
to
chapter
20
for
which
a
5
ratification
election
referred
to
in
section
20.17,
subsection
6
4,
is
held,
for
which
an
arbitrator
makes
a
final
determination
7
as
described
in
section
20.22,
subsection
11,
or
which
become
8
effective
on
or
after
the
effective
date
of
this
division
of
9
this
Act.
10
DIVISION
V
11
PERSONNEL
RECORDS
AND
SETTLEMENT
AGREEMENTS
12
Sec.
60.
Section
22.7,
subsection
11,
paragraph
a,
13
subparagraph
(5),
Code
2021,
is
amended
to
read
as
follows:
14
(5)
The
fact
that
the
individual
resigned
in
lieu
of
15
termination,
was
discharged
,
or
was
demoted
as
the
result
of
16
a
final
disciplinary
action
,
and
the
documented
reasons
and
17
rationale
for
the
resignation
in
lieu
of
termination,
the
18
discharge,
or
the
demotion.
For
purposes
of
this
subparagraph,
19
“demoted”
and
“demotion”
mean
a
change
of
an
employee
from
20
a
position
in
a
given
classification
to
a
position
in
a
21
classification
having
a
lower
pay
grade
upon
the
exhaustion
of
22
all
applicable
contractual,
legal,
and
statutory
remedies
.
23
Sec.
61.
REPEAL.
Sections
22.13A
and
22.15,
Code
2021,
are
24
repealed.
25
Sec.
62.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
26
deemed
of
immediate
importance,
takes
effect
upon
enactment.
27
Sec.
63.
APPLICABILITY.
This
division
of
this
Act
applies
28
to
requests
for
records
pursuant
to
chapter
22
submitted
on
or
29
after
the
effective
date
of
this
division
of
this
Act.
30
DIVISION
VI
31
CITY
CIVIL
SERVICE
REQUIREMENTS
32
Sec.
64.
Section
400.12,
subsection
4,
Code
2021,
is
amended
33
by
striking
the
subsection.
34
Sec.
65.
Section
400.17,
subsection
4,
Code
2021,
is
amended
35
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to
read
as
follows:
1
4.
A
person
shall
not
be
appointed,
denied
appointment,
2
promoted,
removed,
discharged,
suspended,
or
demoted
to
or
3
from
a
civil
service
position
or
in
any
other
way
favored
or
4
discriminated
against
in
that
position
because
of
political
5
or
religious
opinions
or
affiliations,
race,
national
origin,
6
sex,
or
age,
or
in
retaliation
for
the
exercise
of
any
right
7
enumerated
in
this
chapter
.
However,
the
maximum
age
for
a
8
police
officer
or
fire
fighter
covered
by
this
chapter
and
9
employed
for
police
duty
or
the
duty
of
fighting
fires
is
10
sixty-five
years
of
age.
11
Sec.
66.
Section
400.18,
Code
2021,
is
amended
by
striking
12
the
section
and
inserting
in
lieu
thereof
the
following:
13
400.18
Removal,
demotion,
or
suspension.
14
1.
A
person
holding
civil
service
rights
as
provided
in
15
this
chapter
shall
not
be
removed,
demoted,
or
suspended
16
arbitrarily,
except
as
otherwise
provided
in
this
chapter,
but
17
may
be
removed,
demoted,
or
suspended
after
a
hearing
by
a
18
majority
vote
of
the
civil
service
commission,
for
neglect
of
19
duty,
disobedience,
misconduct,
or
failure
to
properly
perform
20
the
person’s
duties.
21
2.
The
party
alleging
neglect
of
duty,
disobedience,
22
misconduct,
or
failure
to
properly
perform
a
duty
shall
have
23
the
burden
of
proof.
24
3.
A
person
subject
to
a
hearing
has
the
right
to
be
25
represented
by
counsel
at
the
person’s
expense
or
by
the
26
person’s
authorized
collective
bargaining
representative.
27
Sec.
67.
Section
400.19,
Code
2021,
is
amended
to
read
as
28
follows:
29
400.19
Removal
,
or
discharge
,
demotion,
or
suspension
of
30
subordinates.
31
The
person
having
the
appointing
power
as
provided
in
32
this
chapter
,
or
the
chief
of
police
or
chief
of
the
fire
33
department,
may
,
upon
presentation
of
grounds
for
such
action
34
to
the
subordinate
in
writing,
peremptorily
remove,
discharge,
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demote,
or
suspend
,
demote,
or
discharge
a
subordinate
then
1
under
the
person’s
or
chief’s
direction
due
to
any
act
or
2
failure
to
act
by
the
employee
that
is
in
contravention
of
law,
3
city
policies,
or
standard
operating
procedures,
or
that
in
4
the
judgment
of
the
person
or
chief
is
sufficient
to
show
that
5
the
employee
is
unsuitable
or
unfit
for
employment
for
neglect
6
of
duty,
disobedience
of
orders,
misconduct,
or
failure
to
7
properly
perform
the
subordinate’s
duties
.
8
Sec.
68.
Section
400.20,
Code
2021,
is
amended
to
read
as
9
follows:
10
400.20
Appeal.
11
The
removal,
discharge
suspension
,
demotion,
or
suspension
12
discharge
of
a
person
holding
civil
service
rights
may
be
13
appealed
to
the
civil
service
commission
within
fourteen
14
calendar
days
after
the
removal,
discharge
suspension
,
15
demotion,
or
suspension
discharge
.
16
Sec.
69.
Section
400.21,
Code
2021,
is
amended
to
read
as
17
follows:
18
400.21
Notice
of
appeal.
19
If
the
appeal
be
taken
by
the
person
removed,
discharged
20
suspended
,
demoted,
or
suspended
discharged
,
notice
of
the
21
appeal,
signed
by
the
appellant
and
specifying
the
ruling
22
appealed
from,
shall
be
filed
with
the
clerk
of
the
commission.
23
If
the
appeal
is
taken
by
the
person
making
such
removal,
24
discharge
suspension
,
demotion,
or
suspension
discharge
,
such
25
notice
shall
also
be
served
upon
the
person
removed,
discharged
26
suspended
,
demoted,
or
suspended
discharged
.
27
Sec.
70.
Section
400.22,
Code
2021,
is
amended
to
read
as
28
follows:
29
400.22
Charges.
30
Within
fourteen
calendar
days
from
the
service
of
the
notice
31
of
appeal,
the
person
or
body
making
the
ruling
appealed
32
from
shall
file
with
the
body
to
which
the
appeal
is
taken
a
33
written
specification
of
the
charges
and
grounds
upon
which
the
34
ruling
was
based.
If
the
charges
are
not
filed,
the
person
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removed,
suspended
or
discharged
,
demoted,
or
suspended
may
1
present
the
matter
to
the
body
to
whom
the
appeal
is
to
be
2
taken
by
affidavit,
setting
forth
the
facts,
and
the
body
to
3
whom
the
appeal
is
to
be
taken
shall
immediately
enter
an
4
order
reinstating
the
person
removed,
suspended
or
discharged
,
5
demoted,
or
suspended
for
want
of
prosecution.
6
Sec.
71.
Section
400.27,
subsection
3,
Code
2021,
is
amended
7
to
read
as
follows:
8
3.
The
city
or
any
civil
service
employee
shall
have
a
9
right
to
appeal
to
the
district
court
from
the
final
ruling
or
10
decision
of
the
civil
service
commission.
The
appeal
shall
be
11
taken
within
thirty
days
from
the
filing
of
the
formal
decision
12
of
the
commission.
The
district
court
of
the
county
in
which
13
the
city
is
located
shall
have
full
jurisdiction
of
the
appeal.
14
The
scope
of
review
for
the
appeal
shall
be
limited
to
de
novo
15
appellate
review
without
a
trial
or
additional
evidence
The
16
appeal
shall
be
a
trial
de
novo
as
an
equitable
action
in
the
17
district
court
.
18
Sec.
72.
Section
400.28,
Code
2021,
is
amended
by
striking
19
the
section
and
inserting
in
lieu
thereof
the
following:
20
400.28
Employees
——
number
diminished.
21
1.
When
the
public
interest
requires
a
diminution
of
22
employees
in
a
classification
or
grade
under
civil
service,
23
the
city
council,
acting
in
good
faith,
may
do
either
of
the
24
following:
25
a.
Abolish
the
office
and
remove
the
employee
from
the
26
employee’s
classification
or
grade
thereunder.
27
b.
Reduce
the
number
of
employees
in
any
classification
or
28
grade
by
suspending
the
necessary
number.
29
2.
In
case
it
thus
becomes
necessary
to
so
remove
or
suspend
30
any
such
employees,
the
persons
so
removed
or
suspended
shall
31
be
those
having
seniority
of
the
shortest
duration
in
the
32
classifications
or
grades
affected,
and
such
seniority
shall
be
33
computed
as
provided
in
section
400.12
for
all
persons
holding
34
seniority
in
the
classification
or
grade
affected,
regardless
35
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of
their
seniority
in
any
other
classification
or
grade,
but
1
any
such
employee
so
removed
from
any
classification
or
grade
2
shall
revert
to
the
employee’s
seniority
in
the
next
lower
3
grade
or
classification;
if
such
seniority
is
equal,
then
the
4
one
less
efficient
and
competent
as
determined
by
the
person
or
5
body
having
the
appointing
power
shall
be
the
one
affected.
6
3.
In
case
of
removal
or
suspension,
the
civil
service
7
commission
shall
issue
to
each
person
affected
one
certificate
8
showing
the
person’s
comparative
seniority
or
length
of
service
9
in
each
of
the
classifications
or
grades
from
which
the
person
10
is
so
removed
and
the
fact
that
the
person
has
been
honorably
11
removed.
The
certificate
shall
also
list
each
classification
12
or
grade
in
which
the
person
was
previously
employed.
The
13
person’s
name
shall
be
carried
for
a
period
of
not
less
than
14
three
years
after
the
suspension
or
removal
on
a
preferred
list
15
and
appointments
or
promotions
made
during
that
period
to
the
16
person’s
former
duties
in
the
classification
or
grade
shall
17
be
made
in
the
order
of
greater
seniority
from
the
preferred
18
lists.
19
Sec.
73.
SENIORITY
RIGHTS
REESTABLISHED.
The
seniority
20
rights
of
any
civil
service
employee
extinguished
pursuant
21
to
section
400.12,
subsection
4,
Code
2021,
are
hereby
22
reestablished,
including
accrual
of
seniority
during
the
period
23
of
extinguishment.
24
Sec.
74.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
25
deemed
of
immediate
importance,
takes
effect
upon
enactment.
26
Sec.
75.
APPLICABILITY.
This
division
of
this
Act
applies
27
to
employment
actions
taken
on
or
after
the
effective
date
of
28
this
division
of
this
Act.
29
DIVISION
VII
30
HEALTH
INSURANCE
MATTERS
31
Sec.
76.
REPEAL.
Section
70A.41,
Code
2021,
is
repealed.
32
Sec.
77.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
33
deemed
of
immediate
importance,
takes
effect
upon
enactment.
34
DIVISION
VIII
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FAMILY
AND
MEDICAL
LEAVE
INSURANCE
1
Sec.
78.
Section
7E.5,
subsection
1,
paragraph
h,
Code
2021,
2
is
amended
to
read
as
follows:
3
h.
The
department
of
workforce
development,
created
4
in
section
84A.1
,
which
has
primary
responsibility
for
5
administering
the
laws
relating
to
unemployment
compensation
6
insurance,
job
placement
and
training,
employment
safety,
labor
7
standards,
workers’
compensation,
the
family
leave
and
medical
8
insurance
program,
and
related
matters.
9
Sec.
79.
Section
84A.1,
subsection
1,
Code
2021,
is
amended
10
to
read
as
follows:
11
1.
The
department
of
workforce
development
is
created
to
12
administer
the
laws
of
this
state
relating
to
unemployment
13
compensation
insurance,
job
placement
and
training,
employment
14
safety,
labor
standards,
and
workers’
compensation
,
and
the
15
family
leave
and
medical
leave
insurance
program
.
16
Sec.
80.
NEW
SECTION
.
96A.1
Short
title.
17
This
chapter
may
be
cited
as
the
“Iowa
Family
and
Medical
18
Leave
Act”
.
19
Sec.
81.
NEW
SECTION
.
96A.2
Definitions.
20
As
used
in
this
chapter,
unless
the
context
otherwise
21
requires:
22
1.
“Child”
means
a
biological,
adopted,
or
foster
child,
23
a
stepchild,
a
legal
ward,
or
a
child
of
a
person
standing
in
24
loco
parentis,
regardless
of
the
child’s
age
or
dependency
25
status.
26
2.
“Covered
employer”
means
a
private
sector
employer
who
27
has
ten
or
more
employees
for
each
working
day
during
each
of
28
twenty
or
more
calendar
workweeks
in
the
current
or
previous
29
calendar
year,
and
a
public
employer
without
regard
to
the
30
number
of
employees
employed.
31
3.
“Department”
means
the
department
of
workforce
32
development.
33
4.
“Director”
means
the
director
of
the
department
of
34
workforce
development.
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5.
“Employee”
means
a
natural
person
who
is
employed
in
1
this
state
for
wages
by
an
employer.
“Employee”
also
includes
2
a
commission
salesperson
who
takes
orders
or
performs
services
3
on
behalf
of
a
principal
and
who
is
paid
on
the
basis
of
4
commissions
but
does
not
include
persons
who
purchase
for
5
their
own
account
for
resale.
“Employee”
shall
not
include
an
6
independent
contractor,
a
self-employed
person,
or
a
patient
or
7
inmate
employed
by
a
state
or
local
institution
to
which
the
8
patient
or
inmate
has
been
sentenced
or
committed,
or
any
of
9
the
following
persons
engaged
in
agriculture:
10
a.
The
spouse
of
the
employer
and
a
relative
of
either
the
11
employer
or
the
employer’s
spouse
who
resides
on
the
premises
12
of
the
employer.
13
b.
A
person
engaged
in
agriculture
as
an
owner-operator
14
or
tenant-operator,
and
the
spouse
or
a
relative
of
either
15
an
owner-operator
or
a
tenant-operator
who
resides
on
the
16
premises
while
exchanging
labor
with
the
owner-operator
or
the
17
tenant-operator
for
mutual
benefit.
18
c.
A
neighboring
person
engaged
in
agriculture
who
is
19
exchanging
labor
or
other
services.
20
6.
“Employer”
means
the
same
as
defined
in
91A.2.
21
“Employer”
includes
a
temporary
staffing
agency
or
employment
22
agency.
23
7.
“Employment
benefits”
means
all
benefits
provided
or
24
made
available
to
an
employee
by
an
employer,
including
group
25
life
insurance,
health
insurance,
disability
insurance,
sick
26
leave,
annual
leave,
educational
benefits,
and
pensions
except
27
benefits
that
are
provided
by
a
practice
or
written
policy
of
28
an
employer
or
through
an
employee
benefit
plan
as
defined
in
29
29
U.S.C.
§1002(3).
30
8.
“Family
leave”
means
a
leave
taken
from
work
by
an
31
employee
for
any
of
the
following
reasons:
32
a.
To
participate
in
providing
care,
including
physical
or
33
psychological
care,
for
a
family
member
of
the
employee
made
34
necessary
by
a
serious
health
condition
of
the
family
member.
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b.
To
bond
with
the
employee’s
child
after
the
child’s
1
birth,
or
with
a
child
under
the
age
of
eighteen
placed
with
2
the
employee
for
adoption
or
foster
care.
3
c.
Because
of
a
qualifying
exigency
for
a
family
member
as
4
permitted
under
the
federal
Family
and
Medical
Leave
Act
of
5
1993,
as
amended,
and
federal
regulations
as
provided
in
29
6
C.F.R.
§825.126.
7
9.
“Family
member”
means
a
child,
parent,
or
spouse
of
an
8
employee.
9
10.
“Gross
earnings”
means
the
same
as
defined
in
section
10
85.61.
11
11.
“Health
care
provider”
means
a
physician
or
other
12
health
care
practitioner
licensed,
accredited,
registered,
or
13
certified
to
perform
specified
health
care
services
consistent
14
with
state
law.
15
12.
“In
loco
parentis”
means
an
individual
who
has
16
day-to-day
responsibilities
to
care
for
or
financially
support
17
a
child.
18
13.
“Inpatient
care”
means
an
overnight
stay
in
a
hospital,
19
hospice,
or
residential
medical
care
facility,
including
any
20
period
of
incapacity,
or
any
subsequent
treatment
in
connection
21
with
such
inpatient
care.
22
14.
“Medical
leave”
means
a
leave
from
work
taken
by
an
23
employee
made
necessary
by
the
employee’s
own
serious
health
24
condition.
25
15.
“Parent”
means
a
biological,
adoptive,
step,
or
foster
26
father
or
mother,
or
any
other
individual
who
stands
in
27
loco
parentis
to
an
employee
or
who
stood
in
loco
parentis
28
when
the
employee
was
a
child.
“Parent”
does
not
include
a
29
parent-in-law.
30
16.
“Period
of
incapacity”
means
an
inability
to
work,
31
attend
school,
or
perform
other
regular
daily
activities
due
32
to
a
serious
health
condition,
treatment
of
a
serious
health
33
condition,
or
recovery
from
a
serious
health
condition.
34
17.
“Premium”
or
“premiums”
means
the
payments
required
by
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section
96A.12
and
paid
to
the
department
for
deposit
in
the
1
family
and
medical
leave
insurance
account
pursuant
to
section
2
96A.22.
3
18.
“Public
employer”
means
the
state
of
Iowa,
its
4
boards,
commissions,
agencies,
departments,
and
its
political
5
subdivisions
including
school
districts
and
other
special
6
purpose
districts.
7
19.
“Serious
health
condition”
means
an
illness,
injury,
8
impairment,
physical
condition,
or
mental
condition
that
9
involves
inpatient
care
in
a
hospital,
hospice,
medical
care
10
facility,
or
continued
treatment
or
continuing
supervision
by
11
a
health
care
provider.
12
20.
“Spendable
weekly
earnings”
means
the
amount
remaining
13
after
payroll
taxes
are
deducted
from
an
employee’s
gross
14
weekly
earnings.
15
21.
“Spouse”
means
the
person
with
whom
an
individual
has
16
entered
into
marriage
as
defined
or
recognized
under
state
law
17
for
purposes
of
marriage
in
the
state
in
which
the
marriage
18
was
entered
into
or,
in
the
case
of
a
marriage
entered
into
19
outside
of
any
state,
if
the
marriage
is
valid
in
the
place
20
where
the
marriage
was
entered
into
and
the
marriage
could
have
21
been
entered
into
in
at
least
one
state,
including
a
common
law
22
marriage.
23
22.
“Wages”
means
the
same
as
defined
in
section
91A.2.
24
Sec.
82.
NEW
SECTION
.
96A.3
Benefit
eligibility.
25
An
employee
is
eligible
for
family
leave
and
medical
leave
26
as
provided
in
this
chapter
after
working
for
a
covered
27
employer
for
both
a
minimum
of
twelve
consecutive
months
28
immediately
preceding
the
employee’s
request
for
leave
and
a
29
minimum
of
one
thousand
two
hundred
fifty
hours
during
that
30
twelve-consecutive-month
period.
31
Sec.
83.
NEW
SECTION
.
96A.4
Leave
entitlement
for
a
defined
32
twelve-month
period.
33
1.
An
employee
is
entitled
to
a
maximum
of
twelve
weeks
34
of
family
leave
during
a
defined
period
of
twelve
consecutive
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months.
1
2.
An
employee
is
entitled
to
a
maximum
of
twelve
weeks
of
2
medical
leave
during
a
defined
period
of
twelve
consecutive
3
months
unless
the
employee
experiences
a
serious
health
4
condition,
which
is
pregnancy-related,
that
results
in
a
longer
5
period
of
incapacity
in
which
case
any
extended
medical
leave
6
beyond
twelve
weeks
shall
conform
with
section
216.6.
7
3.
An
employee
is
entitled
to
a
maximum
combined
total
of
8
paid
family
leave
and
medical
leave
of
sixteen
weeks
during
a
9
defined
period
of
twelve
consecutive
months.
10
4.
An
employee
is
not
entitled
to
family
leave
or
medical
11
leave
of
less
than
eight
consecutive
hours.
12
Sec.
84.
NEW
SECTION
.
96A.5
Calculating
the
defined
13
twelve-month
period.
14
The
defined
period
of
twelve
consecutive
months
for
15
calculation
of
an
eligible
employee’s
family
leave
or
medical
16
leave
entitlement
begins
on
any
of
the
following:
17
1.
The
date
of
birth
of
the
employee’s
child,
or
the
date
18
of
placement
of
a
child
for
adoption
or
foster
care
with
the
19
employee.
20
2.
The
first
day
of
family
leave
that
the
employee
takes
for
21
a
family
member’s
serious
health
condition
or
a
family
member’s
22
qualifying
exigency.
23
3.
The
first
day
of
the
employee’s
medical
leave.
24
Sec.
85.
NEW
SECTION
.
96A.6
Disqualification
from
leave
25
entitlement.
26
An
eligible
employee
is
disqualified
for
family
leave
or
27
medical
leave
benefits
under
this
chapter
for
any
of
the
28
following
reasons:
29
1.
An
absence
due
to
the
employee’s
willful
intention
to
30
injure
or
cause
a
sickness
to
the
employee
or
to
the
employee’s
31
family
member.
32
2.
An
injury
or
sickness
caused
by
the
employee
engaging
in
33
an
illegal
act.
34
3.
The
employee’s
absence
due
to
an
employer
taking
any
35
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disciplinary
action
against
the
employee.
1
Sec.
86.
NEW
SECTION
.
96A.7
Employee
notice
to
employer
2
of
intent
to
take
leave.
3
1.
If
leave
for
the
birth
of
a
child
or
placement
of
a
child
4
for
adoption
or
foster
care
with
an
employee
is
foreseeable,
5
the
employee
shall
provide
written
notice
to
the
employer
not
6
less
than
thirty
calendar
days
before
the
date
the
leave
is
to
7
begin.
8
2.
If
the
birth
of
a
child
or
placement
of
a
child
for
9
adoption
or
foster
care
with
an
employee
requires
leave
to
10
begin
in
less
than
thirty
calendar
days,
the
employee
shall
11
provide
written
notice
to
the
employer
as
far
in
advance
as
is
12
practicable.
13
3.
If
leave
for
a
family
member’s
serious
health
condition
14
or
an
employee’s
serious
health
condition
is
foreseeable
based
15
on
planned
medical
treatment,
the
employee
shall
do
all
of
the
16
following:
17
a.
Make
a
reasonable
effort
to
schedule
such
medical
18
treatment,
subject
to
the
recommendation
of
the
employee’s
or
19
family
member’s
health
care
provider
as
appropriate,
to
not
20
unduly
disrupt
the
operations
of
the
employer.
21
b.
Provide
the
employer
with
not
less
than
thirty
calendar
22
days
prior
written
notice
of
the
employee’s
intention
to
take
23
leave
for
a
family
member’s
serious
health
condition
or
the
24
employee’s
serious
health
condition.
25
4.
If
leave
for
a
family
member’s
serious
health
condition
26
or
an
employee’s
serious
health
condition
is
not
foreseeable,
27
the
employee
shall
provide
written
notice
to
the
employer
as
28
far
in
advance
as
is
practicable.
29
Sec.
87.
NEW
SECTION
.
96A.8
Weekly
claim,
certification,
30
and
verification.
31
Beginning
January
1,
2026,
family
leave
or
medical
leave
32
insurance
benefits
are
payable
to
an
employee
during
a
period
33
in
which
the
employee
is
unable
to
perform
the
employee’s
34
regular
or
customary
work
because
the
employee
is
on
family
35
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109
H.F.
715
leave
or
medical
leave
if
the
employee
meets
all
of
the
1
following
requirements:
2
1.
The
employee
files
a
weekly
claim
for
benefits
with
the
3
department
as
required
per
rules
adopted
by
the
director.
4
2.
The
employee
meets
the
eligibility
requirements
pursuant
5
to
section
96A.3
or
the
elective
coverage
requirements
pursuant
6
to
section
96A.14.
7
3.
The
employee
consents
to
the
disclosure
of
information
or
8
records
that
may
be
deemed
private
or
confidential
under
state
9
or
federal
law.
Disclosure
of
such
information
and
records
by
10
another
state
agency
or
an
employer
to
the
department
shall
11
be
solely
for
purposes
related
to
the
administration
of
this
12
chapter.
Information
and
records
disclosed
by
an
employee
13
under
this
chapter
shall
not
be
public
records
as
defined
in
14
section
22.1.
15
4.
The
employee
authorizes
the
health
care
provider
of
the
16
employee’s
family
member
or
of
the
employee,
as
applicable,
to
17
complete
a
certification
of
a
serious
health
condition
in
a
18
form
as
required
by
the
director.
19
5.
The
employee
attests
that
written
notice
has
been
20
provided
to
the
employee’s
employer
per
section
96A.7.
21
6.
The
employee
provides
documentation
of
a
family
member’s
22
qualifying
exigency
if
requested
by
the
employee’s
employer.
23
Sec.
88.
NEW
SECTION
.
96A.9
Waiting
period
for
leave
24
benefits.
25
Family
leave
or
medical
leave
insurance
benefits
shall
be
26
payable
to
an
eligible
employee
following
a
waiting
period
27
consisting
of
the
first
seven
calendar
days
of
the
employee’s
28
leave.
However,
no
such
waiting
period
applies
to
a
leave
for
29
the
birth
or
placement
of
a
child
with
an
eligible
employee.
30
Sec.
89.
NEW
SECTION
.
96A.10
Weekly
leave
benefit
amount.
31
1.
The
basis
for
the
calculation
of
a
leave
benefit
amount
32
shall
be
the
weekly
earnings
of
an
eligible
employee
on
the
33
day
the
leave
is
granted.
“Weekly
earnings”
means
the
gross
34
earnings
of
an
employee
to
which
the
employee
would
have
been
35
-49-
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1492YH
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89
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109
H.F.
715
entitled
had
the
employee
worked
the
employee’s
customary
hours
1
for
the
full
pay
period
in
which
the
employee
is
on
family
2
leave
or
medical
leave.
Weekly
earnings
shall
be
computed
as
3
follows,
rounded
to
the
nearest
dollar,
for
an
employee
who
is
4
paid
on
the
following
basis:
5
a.
On
a
weekly
pay
period
basis,
the
weekly
earnings
are
the
6
weekly
gross
earnings.
7
b.
On
a
biweekly
pay
period
basis,
the
weekly
earnings
are
8
one-half
of
the
biweekly
gross
earnings.
9
c.
On
a
semimonthly
pay
period
basis,
the
weekly
earnings
10
are
the
semimonthly
gross
earnings
multiplied
by
twenty-four
11
and
then
divided
by
fifty-two.
12
d.
On
a
monthly
pay
period
basis,
the
weekly
earnings
13
are
the
monthly
gross
earnings
multiplied
by
twelve
and
then
14
divided
by
fifty-two.
15
e.
On
a
yearly
pay
period
basis,
the
weekly
earnings
shall
16
be
the
yearly
earnings
divided
by
fifty-two.
17
f.
On
a
daily
or
hourly
basis,
or
by
the
output
of
an
18
employee,
the
weekly
earnings
shall
be
computed
by
dividing
by
19
thirteen
the
earnings,
including
shift
differential
pay
but
20
not
including
overtime
or
premium
pay,
of
the
employee
earned
21
in
the
last
completed
period
of
thirteen
consecutive
calendar
22
weeks
immediately
preceding
the
start
day
of
the
leave.
If
23
the
employee
was
absent
from
employment
for
personal
reasons
24
during
part
of
the
thirteen
calendar
weeks
preceding
the
25
leave,
the
employee’s
weekly
earnings
shall
be
the
amount
the
26
employee
would
have
earned
had
the
employee
worked
when
work
27
was
available
to
other
employees
of
the
employer
in
a
similar
28
occupation.
A
week
that
does
not
fairly
reflect
the
employee’s
29
customary
earnings
shall
be
replaced
by
the
closest
previous
30
week
with
earnings
that
fairly
represent
the
employee’s
31
customary
earnings.
32
2.
If
on
the
date
that
an
employee’s
leave
begins
the
33
employee’s
hourly
earnings
cannot
be
ascertained,
the
earnings
34
for
the
purpose
of
calculating
the
benefit
amount
shall
be
the
35
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715
usual
earnings
for
similar
services
where
such
services
are
1
rendered
by
paid
employees.
2
3.
If
an
employee
earns
either
no
wages,
or
less
than
the
3
usual
weekly
earnings
of
a
regular
full-time
adult
laborer
4
in
the
line
of
work
in
which
the
employee
is
working
in
5
that
locality,
the
weekly
earnings
shall
be
one-fiftieth
of
6
the
total
earnings
which
the
employee
has
earned
from
all
7
employment
during
the
twelve
consecutive
calendar
months
8
immediately
preceding
the
date
that
the
employee’s
leave
9
begins.
10
4.
The
weekly
leave
benefit
amount
payable
to
an
employee
11
for
any
one
week
shall
be
eighty
percent
of
the
employee’s
12
spendable
weekly
earnings,
but
shall
not
exceed
an
amount
equal
13
to
two
hundred
percent
of
the
statewide
average
weekly
wage
14
as
calculated
by
the
department
pursuant
to
section
96.1A
and
15
in
effect
on
the
date
that
the
employee’s
leave
commences.
16
However,
the
weekly
leave
benefit
amount
shall
be
a
minimum
17
equal
to
the
lesser
of
the
weekly
leave
benefit
amount
of
a
18
person
whose
gross
weekly
earnings
are
thirty-five
percent
of
19
the
statewide
average
weekly
wage,
or
to
the
spendable
weekly
20
earnings
of
the
employee.
21
Sec.
90.
NEW
SECTION
.
96A.11
Payment
of
benefits
to
an
22
eligible
employee.
23
1.
The
department
shall
send
the
first
benefit
payment
to
24
an
employee
within
ten
calendar
days
after
the
first
properly
25
completed
weekly
claim
from
the
employee
is
received
by
26
the
department.
Subsequent
payments
shall
be
sent
at
least
27
biweekly
to
an
eligible
employee
if
a
properly
completed
weekly
28
claim
from
the
employee
is
received
by
the
department.
29
2.
If
an
employer
contests
an
employee’s
initial
claim
30
for
family
leave
or
medical
leave
benefits,
the
employer
must
31
notify
the
employee
and
the
department
in
the
manner
prescribed
32
by
the
director
within
ten
calendar
days
of
the
employer’s
33
receipt
of
notice
from
the
department
of
the
employee’s
filing
34
of
a
claim
for
benefits
pursuant
to
section
96A.21,
subsection
35
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715
3.
Failure
to
timely
contest
an
initial
application
shall
1
constitute
a
waiver
of
objection
to
the
family
leave
or
medical
2
leave
claim.
3
3.
If
the
department
or
the
employee’s
employer
contests
4
an
employee’s
eligibility
for
benefits
after
the
employee
5
begins
receiving
benefits,
the
employee
shall
continue
to
6
be
paid
benefits
conditionally
for
any
weeks
for
which
the
7
employee
files
a
claim
for
benefits.
The
employee’s
right
to
8
retain
such
benefit
payments
shall
be
conditioned
upon
the
9
department’s
finding
that
the
employee
is
eligible
for
such
10
benefit
payments.
11
a.
At
an
employee’s
request,
the
department
shall
hold
12
conditional
benefit
payments
until
the
department
resolves
the
13
employee’s
eligibility
status.
14
b.
Payment
shall
be
issued
promptly
for
any
withheld
benefit
15
payments
if
the
department
determines
that
an
employee
is
16
eligible
for
benefits.
17
c.
If
the
department
determines
that
an
employee
is
18
ineligible
for
the
conditionally
paid
benefits,
the
employee
19
shall
repay
the
overpayment
per
rules
adopted
by
the
director.
20
Sec.
91.
NEW
SECTION
.
96A.12
Funding
the
family
leave
and
21
medical
leave
insurance
program.
22
1.
Beginning
on
January
1,
2024,
and
ending
December
23
31,
2025,
the
department
shall
assess
for
each
employee
24
in
employment
with
a
covered
employer
a
premium
rate
of
25
four-tenths
of
one
percent
of
the
employee’s
wages
based
on
the
26
amount
of
the
wages,
subject
to
subsection
6.
27
a.
The
premium
rate
for
family
leave
benefits
shall
be
equal
28
to
one-third
of
the
total
premium
rate.
29
b.
The
premium
rate
for
medical
leave
benefits
shall
be
30
equal
to
two-thirds
of
the
total
premium
rate.
31
2.
For
calendar
year
2026
and
subsequent
calendar
years
the
32
director
shall
determine
the
percentage
of
paid
claims
related
33
to
family
leave
benefits
and
the
percentage
of
paid
claims
34
related
to
medical
leave
benefits
and
adjust
the
premium
rates
35
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715
set
in
subsection
1
by
the
proportional
share
of
claims
paid
1
for
both
types
of
leave.
2
3.
For
family
leave
premiums
a
covered
employer
may
deduct
3
up
to
forty-five
percent
of
the
full
amount
of
the
required
4
premiums
from
the
wages
of
each
employee.
The
remaining
5
fifty-five
percent
of
the
required
premiums
shall
be
paid
by
6
the
covered
employer.
7
4.
For
medical
leave
premiums
a
covered
employer
may
deduct
8
up
to
forty-five
percent
of
the
full
amount
of
the
required
9
premiums
from
the
wages
of
each
employee.
The
remaining
10
fifty-five
percent
of
the
required
premiums
shall
be
paid
by
11
the
covered
employer.
12
5.
A
covered
employer
may
elect
to
pay
all
or
any
portion
of
13
its
employees’
share
of
the
premiums
for
family
leave
benefits
14
or
medical
leave
benefits
or
both.
15
6.
The
director
shall
annually
set
a
maximum
limit
on
the
16
amount
of
an
employee’s
wages
that
are
subject
to
a
premium
17
assessment
under
this
section
that
is
equal
to
the
contribution
18
and
benefit
base
for
the
calendar
year
as
determined
by
the
19
United
States
social
security
administration
for
purposes
of
20
26
U.S.C.
§3121(a).
21
7.
For
calendar
year
2026
and
subsequent
calendar
years,
22
the
total
premium
rate
shall
be
based
on
the
family
leave
and
23
medical
leave
insurance
account
balance
ratio
as
of
September
24
30
of
the
previous
year.
The
director
shall
calculate
the
25
account
balance
ratio
by
dividing
the
balance
of
the
family
26
leave
and
medical
leave
insurance
account
by
the
total
wages
27
paid
by
covered
employers.
The
division
shall
be
carried
28
to
the
fourth
decimal
place
with
the
remaining
fraction
29
disregarded
unless
it
amounts
to
five
hundred
thousandths
or
30
more
in
which
case
the
fourth
decimal
place
shall
be
rounded
31
to
the
next
higher
digit.
If
the
family
leave
and
medical
32
leave
insurance
account
balance
ratio
is
any
of
the
following
33
percentages,
the
premium
shall
be
the
following
percentage
of
34
an
employee’s
wages
subject
to
a
premium
assessment:
35
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715
a.
If
the
ratio
is
zero
to
nine
hundredths
of
one
percent,
1
the
premium
shall
be
six-tenths
of
one
percent.
2
b.
If
the
ratio
is
one-tenth
of
one
percent
to
nineteen
3
hundredths
of
one
percent,
the
premium
shall
be
five-tenths
of
4
one
percent.
5
c.
If
the
ratio
is
two-tenths
of
one
percent
to
twenty-nine
6
hundredths
of
one
percent,
the
premium
shall
be
four-tenths
of
7
one
percent.
8
d.
If
the
ratio
is
three-tenths
of
one
percent
to
9
thirty-nine
hundredths
of
one
percent,
the
premium
shall
be
10
three-tenths
of
one
percent.
11
e.
If
the
ratio
is
four-tenths
of
one
percent
to
forty-nine
12
hundredths
of
one
percent,
the
premium
shall
be
two-tenths
of
13
one
percent.
14
f.
If
the
ratio
is
five-tenths
of
one
percent
or
greater,
15
the
premium
shall
be
one-tenth
of
one
percent.
16
8.
Beginning
January
1,
2026,
if
the
account
balance
ratio
17
calculated
in
subsection
7
is
below
five
hundredths
of
one
18
percent,
the
director
shall
assess
a
solvency
surcharge
at
19
the
lowest
rate
necessary
to
provide
revenue
to
pay
for
the
20
administrative
and
benefit
costs
of
family
leave
and
medical
21
leave
insurance
for
the
calendar
year.
The
solvency
surcharge
22
shall
be
at
least
one-tenth
of
one
percent
and
no
more
than
23
six-tenths
of
one
percent
and
shall
be
added
to
the
total
24
premium
rate
assessed
to
each
employee
of
a
covered
employer
25
for
family
leave
and
medical
leave
benefits.
26
9.
A
covered
employer
shall
collect
all
required
premiums
27
and
surcharges
from
the
employer’s
employees
through
payroll
28
deductions
and
shall
remit
the
amount
collected
and
the
amount
29
to
be
paid
by
the
employer
to
the
department
as
required
by
30
rules
adopted
by
the
director.
31
10.
On
September
30
of
each
year
the
department
shall
32
average
the
number
of
employees
reported
by
an
employer
over
33
the
last
four
completed
calendar
quarters
to
determine
the
34
number
of
employees
employed
by
the
employer
for
the
purpose
35
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715
of
determining
if
an
employer
shall
be
considered
a
covered
1
employer
for
the
next
calendar
year.
2
Sec.
92.
NEW
SECTION
.
96A.13
Conditional
waiver
of
premium
3
for
out-of-state
employee.
4
1.
An
employer
may
file
an
application
with
the
department
5
for
a
conditional
waiver
of
the
payment
of
family
leave
and
6
medical
leave
premiums
assessed
under
section
96A.12
for
an
7
employee
who
meets
all
of
the
following
requirements:
8
a.
The
employee
is
physically
based
outside
of
the
state.
9
b.
The
employee
physically
works
in
the
state
on
a
limited
10
or
temporary
work
schedule.
11
c.
The
employee
is
not
expected
to
physically
work
in
the
12
state
for
one
thousand
two
hundred
fifty
hours
or
more
during
13
any
consecutive
twelve-month
period.
14
2.
The
department
shall
approve
an
application
that
is
15
signed
by
both
the
employee
and
the
employee’s
employer
16
attesting
to
compliance
with
the
requirements
of
subsection
1.
17
3.
If
the
employee
physically
works
in
the
state
for
one
18
thousand
two
hundred
fifty
hours
or
more
in
any
consecutive
19
twelve-month
period,
the
conditional
waiver
shall
expire
and
20
the
employer
and
employee
shall
be
responsible
for
all
premiums
21
pursuant
to
section
96A.12
for
the
consecutive
twelve-month
22
period
in
which
the
employee
worked
one
thousand
two
hundred
23
fifty
hours
or
more.
Upon
submission
of
the
premiums
by
the
24
employer
to
the
department,
the
employee
shall
be
credited
for
25
the
hours
worked
during
that
consecutive
twelve-month
period
26
and
shall
be
eligible
for
benefits
under
this
chapter.
27
Sec.
93.
NEW
SECTION
.
96A.14
Self-employed
persons
elective
28
participation
in
the
family
leave
and
medical
leave
insurance
29
program.
30
1.
A
self-employed
person
electing
to
participate
in
the
31
family
leave
and
medical
leave
insurance
program
shall
be
32
considered
either
an
employer
or
employee
under
this
chapter
33
as
the
context
dictates.
34
2.
For
benefits
payable
beginning
January
1,
2026,
a
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self-employed
person
may
elect
to
participate
in
the
family
1
leave
and
medical
leave
insurance
program
under
this
chapter
2
if
the
self-employed
person
meets
all
of
the
following
3
requirements:
4
a.
The
initial
participation
period
for
the
self-employed
5
person
must
be
a
minimum
of
three
years.
6
b.
Any
subsequent
participation
period
by
the
self-employed
7
person
must
be
for
a
minimum
of
one
year.
8
c.
The
self-employed
person
must
participate
in
both
family
9
leave
and
medical
leave.
10
d.
One
hundred
percent
of
all
premiums
assessed
by
11
the
department
under
section
96A.12
shall
be
paid
by
the
12
self-employed
person.
13
3.
A
self-employed
person
shall
file
a
written
notice
of
14
election
of
elective
coverage
with
the
department
in
the
manner
15
required
by
the
director.
16
4.
A
self-employed
person
shall
be
eligible
for
17
family
leave
and
medical
leave
benefits
after
working
one
18
thousand
two
hundred
fifty
hours
in
the
state
during
the
19
twelve-consecutive-month
period
immediately
following
the
date
20
of
the
written
notice
the
self-employed
person
filed
pursuant
21
to
subsection
3.
22
5.
A
self-employed
person
who
has
elected
coverage
may
23
withdraw
from
coverage
within
thirty
calendar
days
after
the
24
end
of
each
participation
period
pursuant
to
subsection
2,
25
paragraph
“a”
or
“b”
,
by
filing
a
written
notice
of
withdrawal
26
as
required
pursuant
to
the
rules
adopted
by
the
director.
The
27
withdrawal
shall
take
effect
no
sooner
than
thirty
calendar
28
days
after
the
self-employed
person
files
the
notice
of
29
withdrawal.
30
6.
If
a
self-employed
person
fails
to
submit
the
required
31
premium
payments,
the
department
may
cancel
the
person’s
32
elective
coverage.
The
cancellation
shall
be
effective
no
33
sooner
than
thirty
days
from
the
date
of
a
written
notice
34
from
the
department
to
the
self-employed
person
advising
the
35
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self-employed
person
of
the
impending
cancellation
of
the
1
self-employed
person’s
elective
coverage.
The
department
shall
2
collect
all
due
and
unpaid
premiums
from
the
self-employed
3
person
for
the
remainder
of
the
applicable
participation
period
4
pursuant
to
subsection
2,
paragraph
“a”
or
“b”
.
5
Sec.
94.
NEW
SECTION
.
96A.15
Employment
protection.
6
1.
An
eligible
employee
who
takes
family
leave
or
medical
7
leave
under
this
chapter
is
entitled
to
either
of
the
following
8
on
the
employee’s
return
from
leave:
9
a.
To
be
restored
to
the
same
position
held
by
the
employee
10
when
the
employee’s
leave
commenced.
11
b.
To
be
restored
to
an
equivalent
position
with
equivalent
12
employment
benefits,
pay,
and
other
terms
and
conditions
of
13
employment.
14
2.
As
a
condition
of
restoration
under
subsection
1
for
an
15
employee
who
has
taken
medical
leave,
the
employer
may
apply
16
a
uniform
policy
to
the
employee
that
requires
an
employee
to
17
provide
certification
from
the
employee’s
health
care
provider
18
that
the
employee
is
able
to
resume
work.
19
3.
Taking
leave
under
this
chapter
shall
not
result
in
the
20
loss
of
any
employment
benefits
accrued
by
an
employee
prior
to
21
the
date
on
which
the
employee’s
leave
commenced.
22
4.
This
section
shall
not
be
construed
to
entitle
a
restored
23
employee
to
any
of
the
following:
24
a.
The
accrual
of
any
seniority
or
employment
benefits
25
during
any
period
of
leave.
26
b.
Any
right,
benefit,
or
position
of
employment
other
than
27
any
right,
benefit,
or
position
of
employment
to
which
the
28
employee
would
have
been
entitled
had
the
employee
not
taken
29
leave.
30
5.
This
section
shall
not
be
construed
to
prohibit
an
31
employer
from
requiring
an
employee
on
leave
to
report
32
periodically
to
the
employer
on
the
status
and
intention
of
the
33
employee
to
return
to
work.
34
6.
An
employer
may
deny
restoration
under
this
section
to
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a
salaried
employee
who
is
among
the
ten
percent
highest-paid
1
employees
employed
by
the
employer
within
seventy-five
miles
2
of
the
facility
at
which
the
employee
is
employed
if
all
of
the
3
following
apply:
4
a.
Denial
of
restoration
is
necessary
to
prevent
substantial
5
and
grievous
economic
injury
to
the
operations
of
the
employer.
6
b.
The
employer
notifies
the
employee
of
the
intent
of
the
7
employer
to
deny
restoration
on
such
basis
at
the
time
the
8
employer
determines
such
basis
exists.
9
c.
The
employee
is
on
leave
and
elects
not
to
return
10
to
employment
after
receiving
the
employer’s
notice
of
the
11
employer’s
intent
not
to
restore
the
employee.
12
7.
This
section
shall
not
be
construed
as
providing
an
13
employee
greater
restoration
rights
than
those
required
under
14
the
federal
Family
and
Medical
Leave
Act
of
1993,
as
amended.
15
Sec.
95.
NEW
SECTION
.
96A.16
Maintenance
of
existing
health
16
benefits.
17
If
required
by
the
federal
Family
and
Medical
Leave
18
Act
of
1993,
as
amended,
an
employer
shall
maintain
any
19
existing
health
benefits
of
an
employee
for
the
duration
of
20
an
employee’s
leave
under
this
chapter.
If
the
employer
and
21
the
employee
normally
share
the
cost
of
such
existing
health
22
benefits,
the
employee
shall
remain
responsible
for
the
23
employee’s
share
of
the
cost
of
such.
24
Sec.
96.
NEW
SECTION
.
96A.17
Employer
submission
of
reports
25
and
maintenance
of
records.
26
1.
Pursuant
to
rules
adopted
by
the
director,
an
employer
27
shall
submit
reports
and
furnish
information
related
to
28
the
family
leave
and
medical
leave
insurance
program
to
the
29
director.
30
2.
An
employer
shall
maintain
at
the
employer’s
primary
31
place
of
business
a
record
of
employment
for
each
employee
from
32
which
any
information
needed
by
the
department
for
purposes
of
33
this
chapter
may
be
obtained.
Such
record
shall
be
maintained
34
for
ten
years
from
the
date
on
which
an
eligible
employee
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applies
for
family
leave
or
medical
leave
under
this
chapter.
1
The
record
shall
be
open
for
inspection
by
the
director
at
all
2
times.
All
personnel
records
and
employee
medical
records
3
shall
be
maintained
by
the
employer
in
compliance
with
all
4
applicable
federal
and
state
laws.
5
Sec.
97.
NEW
SECTION
.
96A.18
Coordination
of
family
leave
6
and
medical
leave
with
other
laws
and
with
employer
policies.
7
1.
Family
leave
or
medical
leave
taken
by
an
employee
under
8
this
chapter
shall
be
in
addition
to
any
leave
available
to
9
an
employee
as
required
by
applicable
state
or
federal
law
10
for
sickness
or
temporary
disability
because
of
pregnancy
or
11
childbirth.
12
2.
Family
leave
or
medical
leave
taken
by
an
employee
under
13
this
chapter
shall
be
taken
concurrently
with
any
leave
taken
14
under
the
federal
Family
and
Medical
Leave
Act
of
1993,
as
15
amended.
16
3.
An
employer
may
allow
an
employee
who
has
accrued
17
vacation,
sick,
or
other
paid
time
off
to
choose
to
use
either
18
such
accrued
time
or
to
receive
paid
family
leave
or
medical
19
leave
insurance
benefits
under
this
chapter.
20
Sec.
98.
NEW
SECTION
.
96A.19
Relationship
to
other
state
21
and
federal
benefits.
22
In
any
week
an
employee
is
eligible
to
receive
benefits
under
23
chapter
85,
85A,
85B,
or
96,
or
any
other
applicable
state
or
24
federal
unemployment
compensation,
workers’
compensation,
or
25
disability
insurance
laws,
the
employee
is
disqualified
from
26
receiving
family
leave
or
medical
leave
insurance
benefits
27
under
this
chapter.
28
Sec.
99.
NEW
SECTION
.
96A.20
Discrimination
prohibited.
29
This
chapter
shall
not
be
construed
to
modify
or
affect
any
30
federal,
state,
or
local
law
prohibiting
discrimination
on
the
31
basis
of
age,
race,
creed,
color,
sex,
sexual
orientation,
32
gender
identity,
national
origin,
religion,
disability,
or
33
other
protected
category.
34
Sec.
100.
NEW
SECTION
.
96A.21
Department
to
administer
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family
leave
and
medical
leave
insurance
program
and
conduct
1
outreach.
2
1.
The
director
shall
establish
and
administer
the
family
3
leave
and
medical
leave
insurance
program
and
disburse
family
4
leave
and
medical
leave
benefits
to
an
eligible
employee
as
5
specified
in
this
chapter.
6
2.
The
director
shall
establish
procedures
and
forms
for
7
an
employee
to
file
an
application
for
benefits
under
this
8
chapter.
9
3.
The
department
shall
notify
an
employer
within
five
10
business
days
of
an
employee
filing
a
claim
for
family
leave
or
11
medical
leave
insurance
benefits.
12
4.
Information
and
records
pertaining
to
an
employee
under
13
this
chapter
that
are
maintained
by
the
department
shall
14
be
confidential
and
shall
only
be
available
to
department
15
personnel
in
the
performance
of
official
duties.
16
5.
The
director
shall
develop
and
implement
an
outreach
17
program
to
ensure
that
employers
and
employees
are
aware
of
18
the
family
leave
and
medical
leave
insurance
program
and
are
19
aware
of
the
leave
benefits
available
to
eligible
employees.
20
Outreach
information
shall
explain
in
an
easy-to-understand
21
format
all
of
the
following:
22
a.
Eligibility
requirements.
23
b.
The
application
process.
24
c.
How
weekly
benefits
are
calculated
and
the
minimum
and
25
maximum
weekly
benefit
amount.
26
d.
Restoration
rights.
27
e.
Nondiscrimination
rights.
28
f.
Confidentiality.
29
g.
The
relationship
between
employment
protection,
leave
30
from
employment,
wage
replacement
benefits
under
this
chapter
31
and
other
laws,
and
employer
policies.
32
6.
The
department
shall
be
authorized
to
inspect
and
audit
33
an
employer’s
files
and
records
relating
to
the
family
leave
34
and
medical
leave
insurance
program
under
this
chapter.
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Sec.
101.
NEW
SECTION
.
96A.22
Family
leave
and
medical
1
leave
insurance
account.
2
1.
The
family
leave
and
medical
leave
insurance
account
3
is
created
as
a
separate
account
in
the
state
treasury
in
the
4
custody
of
the
treasurer
of
state.
5
2.
The
director
shall
deposit
all
receipts
from
premiums
6
imposed
pursuant
to
sections
96A.12,
96A.13,
and
96A.14
into
7
the
account.
Expenditures
from
the
account
shall
be
used
8
only
for
the
purposes
of
the
family
leave
and
medical
leave
9
insurance
program
and
only
as
authorized
by
the
director.
10
3.
All
premiums
deposited
in
the
account
shall
remain
in
11
the
account
until
expended
pursuant
to
the
requirements
of
this
12
chapter.
13
Sec.
102.
NEW
SECTION
.
96A.23
Rules.
14
The
director
shall
adopt
rules
pursuant
to
chapter
17A
as
15
necessary
to
implement
and
administer
this
chapter.
16
Sec.
103.
NEW
SECTION
.
96A.24
Enforcement.
17
The
director
may
take
any
action
under
the
director’s
18
authority
to
enforce
compliance
with
this
chapter.
19
Sec.
104.
DIRECTOR
ANALYSIS
OF
FUNDING
THE
FAMILY
LEAVE
20
AND
MEDICAL
LEAVE
INSURANCE
PROGRAM
AND
REPORT
TO
THE
GENERAL
21
ASSEMBLY.
The
director
of
the
department
of
workforce
22
development
shall
conduct
an
analysis
of
the
family
leave
23
and
medical
leave
insurance
program
as
funded
pursuant
to
24
section
96A.12,
as
enacted
in
this
Act,
and
of
the
benefits
25
paid
pursuant
to
section
96A.10,
as
enacted
in
this
Act.
The
26
director
shall
determine
if
the
premium
rates
and
benefit
27
levels
are
appropriate
to
fully
fund
and
maintain
the
solvency
28
of
the
family
leave
and
medical
leave
insurance
account.
29
The
director
shall
submit
the
director’s
findings
to
the
30
general
assembly
pursuant
to
section
7A.11
no
later
than
31
January
14,
2022.
32
DIVISION
IX
33
INFECTIOUS
DISEASE
EMERGENCY
RESPONSE
34
Sec.
105.
Section
88.3,
Code
2021,
is
amended
by
adding
the
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following
new
subsection:
1
NEW
SUBSECTION
.
8A.
“Period
of
infectious
disease
emergency”
2
means
that
period
of
time
that
a
disease
or
virus
determined
3
to
be
life-threatening
to
a
person
exposed
to
the
disease
or
4
virus
has
been
declared
a
pandemic,
epidemic,
or
public
health
5
emergency
by
the
federal
government,
governor,
or
local
public
6
health
authorities.
7
Sec.
106.
Section
88.5,
Code
2021,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
5A.
Emergency
temporary
standards
——
10
infectious
disease
emergencies.
11
a.
If,
during
a
period
of
infectious
disease
emergency,
12
the
secretary
provides
a
federal
occupational
safety
and
13
health
standard,
including
an
emergency
temporary
standard,
or
14
provides
any
other
guideline
or
recommendation,
relating
to
15
the
infectious
disease
that
is
the
subject
of
the
period,
the
16
commissioner
shall
provide
for
one
or
more
temporary
standards
17
pursuant
to
subsection
5
implementing
the
standard,
guideline,
18
or
recommendation
within
one
week
of
the
issuance
of
the
19
standard,
guideline,
or
recommendation.
The
commissioner
shall
20
initiate
the
procedures
provided
for
under
this
chapter
for
the
21
purpose
of
promulgating
a
permanent
standard
as
provided
in
22
subsection
1
of
this
section
within
one
month
of
such
issuance
23
if
the
period
remains
in
effect.
24
b.
Emergency
standards
provided
pursuant
to
this
subsection
25
shall
include
a
requirement
that
affected
employers
provide,
26
at
no
cost
to
employees,
personal
protective
equipment
and
27
sanitizing
liquid
in
order
to
prevent
the
contraction
or
spread
28
of
the
infectious
disease.
29
c.
Emergency
standards
provided
pursuant
to
this
subsection
30
shall
include
a
requirement
that
an
employer
notify
all
31
employees
who
work
in
a
workplace
of
the
occurrence
in
the
32
workplace
of
a
confirmed
positive
case
of
the
disease
or
virus
33
which
is
the
subject
of
the
period
of
infectious
disease
34
emergency
no
later
than
twenty-four
hours
after
learning
of
the
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occurrence.
Such
a
notification
shall
not
include
information
1
prohibited
from
disclosure
under
federal
law.
2
Sec.
107.
Section
88.6,
Code
2021,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
10.
Procedures
for
complaints
regarding
5
periods
of
infectious
disease
emergency.
The
division
shall
6
respond
to
any
complaint
of
a
violation
of
this
chapter
during
7
a
period
of
infectious
disease
emergency
that
pertains
to
8
the
infectious
disease
within
twenty-four
hours
of
receiving
9
the
complaint.
The
response
shall
confirm
that
the
division
10
has
received
the
complaint
and
shall
describe
the
steps
the
11
division
will
carry
out
to
conduct
an
investigation
of
the
12
complaint.
The
division
shall
begin
such
an
investigation
13
within
seventy-two
hours
of
receiving
such
a
complaint.
Upon
14
request,
and
notwithstanding
subsection
8,
the
division
shall
15
provide
the
person
who
made
a
complaint
with
an
update
on
the
16
progress
of
the
investigation
and
a
projected
timeline
for
its
17
completion.
18
DIVISION
X
19
COVID-19
RELATED
LIABILITY
20
Sec.
108.
NEW
SECTION
.
686E.1
Short
title.
21
This
chapter
shall
be
known
and
may
be
cited
as
the
22
“COVID-19
Response,
Back
to
Business,
Employer
Protection,
23
Worker
Protection,
Patient
Protection,
and
Nursing
Home
Resident
24
Protection
Limited
Liability
Act”
.
25
Sec.
109.
NEW
SECTION
.
686E.2
Definitions.
26
When
used
in
this
chapter,
unless
the
context
otherwise
27
requires:
28
1.
“COVID-19”
means
the
novel
coronavirus
identified
29
as
SARS-CoV-2,
the
disease
caused
by
the
novel
coronavirus
30
SARS-CoV-2
or
a
virus
mutating
therefrom,
and
conditions
31
associated
with
the
disease
caused
by
the
novel
coronavirus
32
SARS-CoV-2
or
a
virus
mutating
therefrom.
33
2.
“Disinfecting
or
cleaning
supplies”
means
and
includes
34
hand
sanitizers,
disinfectants,
sprays,
and
wipes.
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3.
“Health
care
facility”
means
and
includes
all
of
the
1
following:
2
a.
A
facility
as
defined
in
section
514J.102.
3
b.
A
facility
licensed
pursuant
to
chapter
135B.
4
c.
A
facility
licensed
pursuant
to
chapter
135C.
5
d.
Residential
care
facilities,
nursing
facilities,
6
intermediate
care
facilities
for
persons
with
mental
illness,
7
intermediate
care
facilities
for
persons
with
intellectual
8
disabilities,
hospice
programs,
elder
group
homes,
and
assisted
9
living
programs.
10
4.
“Health
care
professional”
means
physicians
and
other
11
health
care
practitioners
who
are
licensed,
certified,
or
12
otherwise
authorized
or
permitted
by
the
laws
of
this
state
13
to
administer
health
care
services
in
the
ordinary
course
14
of
business
or
in
the
practice
of
a
profession,
whether
15
paid
or
unpaid,
including
persons
engaged
in
telemedicine
or
16
telehealth.
“Health
care
professional”
includes
the
employer
or
17
agent
of
a
health
care
professional
who
provides
or
arranges
18
health
care.
19
5.
“Health
care
provider”
means
and
includes
a
health
care
20
professional,
health
care
facility,
home
health
care
facility,
21
and
any
other
person
or
facility
otherwise
authorized
or
22
permitted
by
any
federal
or
state
statute,
regulation,
order,
23
or
public
health
guidance
to
administer
health
care
services
24
or
treatment.
25
6.
“Health
care
services”
means
services
for
the
diagnosis,
26
prevention,
treatment,
care,
cure,
or
relief
of
a
health
27
condition,
illness,
injury,
or
disease.
28
7.
“Minimum
medical
condition”
means
a
diagnosis
of
29
COVID-19.
30
8.
“Person”
means
the
same
as
defined
in
section
4.1.
31
“Person”
includes
an
agent
of
a
person.
32
9.
“Personal
protective
equipment”
means
and
includes
33
protective
clothing,
gloves,
face
shields,
goggles,
facemasks,
34
respirators,
gowns,
aprons,
coveralls,
and
other
equipment
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designed
to
protect
the
wearer
from
injury
or
the
spread
of
1
infection
or
illness.
2
10.
“Premises”
means
and
includes
any
real
property
and
3
any
appurtenant
building
or
structure
serving
a
commercial,
4
residential,
educational,
religious,
governmental,
cultural,
5
charitable,
or
health
care
purpose.
6
11.
“Public
health
guidance”
means
and
includes
written
7
guidance
related
to
COVID-19
issued
by
any
of
the
following:
8
a.
The
centers
for
disease
control
and
prevention
of
the
9
federal
department
of
health
and
human
services.
10
b.
The
centers
for
Medicare
and
Medicaid
services
of
the
11
federal
department
of
health
and
human
services.
12
c.
The
federal
occupational
safety
and
health
13
administration.
14
d.
The
office
of
the
governor.
15
e.
Any
state
agency,
including
the
department
of
public
16
health.
17
12.
“Qualified
product”
means
and
includes
all
of
the
18
following:
19
a.
Personal
protective
equipment
used
to
protect
the
wearer
20
from
COVID-19
or
to
prevent
the
spread
of
COVID-19.
21
b.
Medical
devices,
equipment,
and
supplies
used
to
treat
22
COVID-19,
including
medical
devices,
equipment,
or
supplies
23
that
are
used
or
modified
for
an
unapproved
use
to
treat
24
COVID-19
or
to
prevent
the
spread
of
COVID-19.
25
c.
Medical
devices,
equipment,
and
supplies
used
outside
of
26
their
normal
use
to
treat
COVID-19
or
to
prevent
the
spread
of
27
COVID-19.
28
d.
Medications
used
to
treat
COVID-19,
including
medications
29
prescribed
or
dispensed
for
off-label
use
to
attempt
to
treat
30
COVID-19.
31
e.
Tests
to
diagnose
or
determine
immunity
to
COVID-19.
32
f.
Any
component
of
an
item
described
in
paragraphs
“a”
33
through
“e”
.
34
Sec.
110.
NEW
SECTION
.
686E.3
Civil
actions
alleging
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COVID-19
exposure.
1
A
person
shall
not
bring
or
maintain
a
civil
action
alleging
2
exposure
or
potential
exposure
to
COVID-19
unless
one
of
the
3
following
applies:
4
1.
The
civil
action
relates
to
a
minimum
medical
condition.
5
2.
The
civil
action
involves
an
act
that
was
intended
to
6
cause
harm.
7
3.
The
civil
action
involves
an
act
that
constitutes
actual
8
malice.
9
Sec.
111.
NEW
SECTION
.
686E.4
Premises
owner’s
duty
of
care
10
——
limited
liability.
11
A
person
who
possesses
or
is
in
control
of
a
premises,
12
including
a
tenant,
lessee,
or
occupant
of
a
premises,
who
13
directly
or
indirectly
invites
or
permits
an
individual
onto
14
a
premises,
shall
not
be
liable
for
civil
damages
for
any
15
injuries
sustained
from
the
individual’s
exposure
to
COVID-19,
16
whether
the
exposure
occurs
on
the
premises
or
during
any
17
activity
managed
by
the
person
who
possesses
or
is
in
control
18
of
a
premises,
if
the
person
qualifies
for
the
protection
19
afforded
by
section
686E.5.
20
Sec.
112.
NEW
SECTION
.
686E.5
Safe
harbor
for
compliance
21
with
regulations,
executive
orders,
or
public
health
guidance.
22
A
person
in
this
state
shall
not
be
held
liable
for
civil
23
damages
for
any
injuries
sustained
from
exposure
or
potential
24
exposure
to
COVID-19
if
the
act
or
omission
alleged
to
violate
25
a
duty
of
care
was
in
substantial
compliance
or
was
consistent
26
with
any
federal
or
state
statute,
regulation,
order,
or
public
27
health
guidance
related
to
COVID-19
that
was
applicable
to
the
28
person
or
activity
at
issue
at
the
time
of
the
alleged
exposure
29
or
potential
exposure.
30
Sec.
113.
NEW
SECTION
.
686E.6
Liability
of
health
care
31
providers.
32
A
health
care
provider
that
qualifies
for
the
protection
33
afforded
by
section
686E.5
shall
not
be
liable
for
civil
34
damages
for
causing
or
contributing,
directly
or
indirectly,
to
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the
death
or
injury
of
an
individual
as
a
result
of
the
health
1
care
provider’s
acts
or
omissions
while
providing
or
arranging
2
health
care
in
support
of
the
state’s
response
to
COVID-19.
3
This
section
shall
apply
to
all
of
the
following:
4
1.
Injury
or
death
resulting
from
screening,
assessing,
5
diagnosing,
caring
for,
or
treating
individuals
with
a
6
suspected
or
confirmed
case
of
COVID-19.
7
2.
Prescribing,
administering,
or
dispensing
a
8
pharmaceutical
for
off-label
use
to
treat
a
patient
with
a
9
suspected
or
confirmed
case
of
COVID-19.
10
3.
Acts
or
omissions
while
providing
health
care
to
11
individuals
unrelated
to
COVID-19
when
those
acts
or
omissions
12
support
the
state’s
response
to
COVID-19,
including
any
of
the
13
following:
14
a.
Delaying
or
canceling
nonurgent
or
elective
dental,
15
medical,
or
surgical
procedures,
or
altering
the
diagnosis
or
16
treatment
of
an
individual
in
response
to
any
federal
or
state
17
statute,
regulation,
order,
or
public
health
guidance.
18
b.
Diagnosing
or
treating
patients
outside
the
normal
scope
19
of
the
health
care
provider’s
license
or
practice.
20
c.
Using
medical
devices,
equipment,
or
supplies
outside
of
21
their
normal
use
for
the
provision
of
health
care,
including
22
using
or
modifying
medical
devices,
equipment,
or
supplies
for
23
an
unapproved
use.
24
d.
Conducting
tests
or
providing
treatment
to
any
individual
25
outside
the
premises
of
a
health
care
facility.
26
Sec.
114.
NEW
SECTION
.
686E.7
Supplies,
equipment,
and
27
products
designed,
manufactured,
labeled,
sold,
distributed,
and
28
donated
in
response
to
COVID-19.
29
1.
Any
person
that
qualifies
for
the
protection
afforded
30
by
section
686E.5
that
designs,
manufactures,
labels,
sells,
31
distributes,
or
donates
household
disinfecting
or
cleaning
32
supplies,
personal
protective
equipment,
or
a
qualified
product
33
in
response
to
COVID-19
shall
not
be
liable
in
a
civil
action
34
alleging
personal
injury,
death,
or
property
damage
caused
by
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or
resulting
from
the
design,
manufacturing,
labeling,
selling,
1
distributing,
or
donating
of
the
household
disinfecting
2
or
cleaning
supplies,
personal
protective
equipment,
or
a
3
qualified
product.
4
2.
Any
person
that
designs,
manufactures,
labels,
sells,
5
distributes,
or
donates
household
disinfecting
or
cleaning
6
supplies,
personal
protective
equipment,
or
a
qualified
product
7
in
response
to
COVID-19
shall
not
be
liable
in
a
civil
action
8
alleging
personal
injury,
death,
or
property
damage
caused
by
9
or
resulting
from
a
failure
to
provide
proper
instructions
or
10
sufficient
warnings.
11
Sec.
115.
NEW
SECTION
.
686E.8
Construction.
12
This
chapter
shall
not
be
construed
to
affect
the
rights
or
13
limits
under
workers’
compensation
as
provided
in
chapter
85,
14
85A,
or
85B.
15
Sec.
116.
NEW
SECTION
.
686E.9
Repeal.
16
This
chapter
is
repealed
December
31,
2022.
17
Sec.
117.
REPEAL.
Chapter
686D,
Code
2021,
is
repealed.
18
Sec.
118.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
19
deemed
of
immediate
importance,
takes
effect
upon
enactment.
20
Sec.
119.
RETROACTIVE
APPLICABILITY.
This
division
of
this
21
Act
applies
retroactively
to
January
1,
2020.
22
DIVISION
XI
23
CONTRACTOR
COLLECTIVE
BARGAINING
24
Sec.
120.
NEW
SECTION
.
20A.1
Definitions.
25
When
used
in
this
chapter,
unless
the
context
otherwise
26
requires:
27
1.
“Arbitration”
means
the
procedure
whereby
the
parties
28
involved
in
an
impasse
submit
their
differences
to
a
third
29
party
for
a
final
and
binding
decision
or
as
provided
in
this
30
chapter.
31
2.
“Board”
means
the
public
employment
relations
board
32
established
under
section
20.5.
33
3.
“Contractor”
means
a
natural
person
who
performs
labor
in
34
this
state
to
whom
a
payor
of
income
makes
payments
which
are
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not
subject
to
withholding
and
for
whom
the
payor
of
income
is
1
required
by
the
internal
revenue
service
to
complete
a
form.
2
“Contractor”
includes
a
marketplace
contractor
as
defined
in
3
section
93.1
and
a
subcontractor.
4
4.
“Contractor
organization”
means
an
organization
of
any
5
kind
in
which
contractors
participate
and
which
exists
for
the
6
primary
purpose
of
representing
contractors
in
their
relations
7
with
employers.
8
5.
“Employer”
means
a
person,
as
defined
in
chapter
4,
for
9
whom
a
contractor
performs
labor
under
contract.
10
6.
“Impasse”
means
the
failure
of
an
employer
and
the
11
contractor
organization
to
reach
agreement
in
the
course
of
12
negotiations.
13
7.
“Mediation”
means
assistance
by
an
impartial
third
party
14
to
reconcile
an
impasse
between
the
employer
and
the
contractor
15
organization
through
interpretation,
suggestion,
and
advice.
16
8.
“Strike”
means
a
contractor’s
refusal,
in
concerted
17
action
with
others,
to
report
to
duty,
or
a
willful
absence
18
from
the
contractor’s
position,
or
a
stoppage
of
work
by
the
19
contractor,
or
the
contractor’s
abstinence
in
whole
or
in
20
part
from
the
full,
faithful,
and
proper
performance
of
the
21
contractor’s
duties,
for
the
purpose
of
inducing,
influencing,
22
or
coercing
a
change
in
the
conditions,
compensation,
rights,
23
privileges,
or
obligations
of
the
contractor’s
work.
24
Sec.
121.
NEW
SECTION
.
20A.2
Powers
and
duties
of
the
25
board.
26
The
board
shall:
27
1.
Interpret,
apply,
and
administer
the
provisions
of
this
28
chapter.
29
2.
Collect
data
and
conduct
studies
relating
to
wages,
30
hours,
benefits,
and
other
terms
and
conditions
of
contractors
31
and
make
the
same
available
to
employers
and
any
interested
32
person
or
organization.
33
3.
Adopt
rules
in
accordance
with
the
provisions
of
chapter
34
17A
as
it
may
deem
necessary
to
carry
out
the
purposes
of
this
35
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chapter.
1
Sec.
122.
NEW
SECTION
.
20A.3
Employer
rights.
2
Employers
shall
have,
in
addition
to
all
powers,
duties,
3
and
rights
established
by
constitutional
provision,
statute,
4
ordinance,
or
common
law,
the
exclusive
power,
duty,
and
the
5
right
to:
6
1.
Direct
the
work
of
its
contractors.
7
2.
Suspend
or
discharge
contractors
for
proper
cause.
8
3.
Maintain
the
efficiency
of
the
employer’s
operations.
9
4.
Relieve
contractors
from
duties
because
of
lack
of
work
10
or
for
other
legitimate
reasons.
11
5.
Determine
and
implement
methods,
means,
assignments,
12
and
personnel
by
which
the
employer’s
operations
are
to
be
13
conducted.
14
6.
Exercise
all
powers
and
duties
granted
to
the
employer
15
by
law.
16
Sec.
123.
NEW
SECTION
.
20A.4
Contractor
rights.
17
Contractors
shall
have
the
right
to:
18
1.
Organize,
or
form,
join,
or
assist
any
contractor
19
organization.
20
2.
Negotiate
collectively
through
representatives
of
their
21
own
choosing.
22
3.
Engage
in
other
concerted
activities
for
the
purpose
of
23
collective
bargaining
or
other
mutual
aid
or
protection
insofar
24
as
any
such
activity
is
not
prohibited
by
this
chapter
or
any
25
other
state
or
federal
law.
26
4.
Refuse
to
join
or
participate
in
the
activities
of
27
contractor
organizations,
including
the
payment
of
any
dues,
28
fees
or
assessments,
or
service
fees
of
any
type.
29
Sec.
124.
NEW
SECTION
.
20A.5
Scope
of
negotiations.
30
1.
The
employer
and
the
contractor
organization
shall
31
meet
at
reasonable
times
to
negotiate
in
good
faith
with
32
respect
to
wages,
hours,
vacations,
insurance,
holidays,
33
leaves
of
absence,
shift
differentials,
overtime
compensation,
34
supplemental
pay,
seniority,
transfer
procedures,
job
35
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classifications,
health
and
safety
matters,
evaluation
1
procedures,
procedures
for
staff
reduction,
in-service
2
training,
and
other
matters
mutually
agreed
upon.
Negotiations
3
shall
also
include
terms
authorizing
dues
checkoff
for
members
4
of
the
contractor
organization
and
grievance
procedures
for
5
resolving
any
questions
arising
under
the
agreement,
which
6
shall
be
embodied
in
a
written
agreement
and
signed
by
the
7
parties.
If
an
agreement
provides
for
dues
checkoff,
a
8
member’s
dues
may
be
checked
off
only
upon
the
member’s
written
9
request
and
the
member
may
terminate
the
dues
checkoff
at
any
10
time
by
giving
thirty
days’
written
notice.
Such
obligation
to
11
negotiate
in
good
faith
does
not
compel
either
party
to
agree
12
to
a
proposal
or
make
a
concession.
13
Sec.
125.
NEW
SECTION
.
20A.6
Prohibited
practices.
14
1.
It
shall
be
a
prohibited
practice
for
any
employer,
15
contractor,
or
contractor
organization
to
refuse
to
negotiate
16
in
good
faith
with
respect
to
the
scope
of
negotiations
as
17
defined
in
section
20A.5.
18
2.
It
shall
be
a
prohibited
practice
for
an
employer
or
the
19
employer’s
designated
representative
to:
20
a.
Interfere
with,
restrain,
or
coerce
contractors
in
the
21
exercise
of
rights
granted
by
this
chapter.
22
b.
Dominate
or
interfere
in
the
administration
of
any
23
contractor
organization.
24
c.
Encourage
or
discourage
membership
in
any
contractor
25
organization,
committee,
or
association
by
discrimination
in
26
obtaining
labor
for
compensation.
27
d.
Discharge
or
discriminate
against
a
contractor
because
28
the
contractor
has
filed
an
affidavit,
petition,
or
complaint
29
or
given
any
information
or
testimony
under
this
chapter,
or
30
because
the
contractor
has
formed,
joined,
or
chosen
to
be
31
represented
by
any
contractor
organization.
32
e.
Refuse
to
negotiate
collectively
with
representatives
of
33
certified
contractor
organizations
as
required
in
this
chapter.
34
f.
Deny
the
rights
accompanying
certification
granted
in
35
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this
chapter.
1
g.
Refuse
to
participate
in
good
faith
in
any
agreed-upon
2
impasse
procedures
or
those
set
forth
in
this
chapter.
3
h.
Engage
in
a
lockout.
4
3.
It
shall
be
a
prohibited
practice
for
contractors
5
or
a
contractor
organization
or
for
any
person,
union,
or
6
organization
or
their
agents
to:
7
a.
Interfere
with,
restrain,
coerce,
or
harass
any
8
contractor
with
respect
to
any
of
the
contractor’s
rights
9
under
this
chapter
or
in
order
to
prevent
or
discourage
the
10
contractor’s
exercise
of
any
such
right,
including
without
11
limitation
all
rights
under
section
20A.4.
12
b.
Interfere,
restrain,
or
coerce
an
employer
with
respect
13
to
rights
granted
in
this
chapter
or
with
respect
to
selecting
14
a
representative
for
the
purposes
of
negotiating
collectively
15
or
the
adjustment
of
grievances.
16
c.
Refuse
to
bargain
collectively
with
an
employer
as
17
required
in
this
chapter.
18
d.
Refuse
to
participate
in
good
faith
in
any
agreed-upon
19
impasse
procedures
or
those
set
forth
in
this
chapter.
20
e.
Violate
section
20A.8.
21
f.
Violate
the
provisions
of
sections
732.1
to
732.3,
which
22
are
hereby
made
applicable
to
employers,
contractors,
and
23
contractor
organizations.
24
g.
Picket
in
a
manner
which
interferes
with
ingress
and
25
egress
to
the
facilities
of
the
employer.
26
h.
Engage
in,
initiate,
sponsor,
or
support
any
picketing
27
that
is
performed
in
support
of
a
strike,
work
stoppage,
28
boycott,
or
slowdown
against
an
employer.
29
i.
Picket
for
any
unlawful
purpose.
30
4.
The
expressing
of
any
views,
argument,
or
opinion,
or
the
31
dissemination
thereof,
whether
orally
or
in
written,
printed,
32
graphic,
or
visual
form,
shall
not
constitute
or
be
evidence
33
of
any
prohibited
practice
under
any
of
the
provisions
of
this
34
chapter,
if
such
expression
contains
no
threat
of
reprisal
or
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force
or
promise
of
benefit.
1
Sec.
126.
NEW
SECTION
.
20A.7
Prohibited
practice
2
violations.
3
1.
Proceedings
against
a
party
alleging
a
violation
of
4
section
20A.6
shall
be
commenced
by
filing
a
complaint
with
5
the
board
within
ninety
days
of
the
alleged
violation,
causing
6
a
copy
of
the
complaint
to
be
served
upon
the
accused
party.
7
The
accused
party
shall
have
ten
days
within
which
to
file
8
a
written
answer
to
the
complaint.
However,
the
board
may
9
conduct
a
preliminary
investigation
of
the
alleged
violation,
10
and
if
the
board
determines
that
the
complaint
has
no
basis
in
11
fact,
the
board
may
dismiss
the
complaint.
The
board
shall
12
promptly
thereafter
set
a
time
and
place
for
hearing
in
the
13
county
where
the
alleged
violation
occurred,
provided,
however,
14
that
the
presiding
officer
may
conduct
the
hearing
through
the
15
use
of
technology
from
a
remote
location.
The
parties
shall
16
be
permitted
to
be
represented
by
counsel,
summon
witnesses,
17
and
request
the
board
to
subpoena
witnesses
on
the
requester’s
18
behalf.
Compliance
with
the
technical
rules
of
pleading
and
19
evidence
shall
not
be
required.
20
2.
The
board
may
designate
one
of
its
members,
an
21
administrative
law
judge,
or
any
other
qualified
person
22
employed
by
the
board
to
serve
as
the
presiding
officer
at
23
the
hearing.
The
presiding
officer
has
the
powers
as
may
be
24
exercised
by
the
board
for
conducting
the
hearing
and
shall
25
follow
the
procedures
adopted
by
the
board
for
conducting
the
26
hearing.
The
proposed
decision
of
the
presiding
officer
may
be
27
appealed
to
the
board,
or
reviewed
on
motion
of
the
board,
in
28
accordance
with
the
provisions
of
chapter
17A.
29
3.
The
board
shall
appoint
a
certified
shorthand
reporter
to
30
report
the
proceedings
and
the
board
shall
fix
the
reasonable
31
amount
of
compensation
for
such
service,
and
for
any
transcript
32
requested
by
the
board,
which
amounts
shall
be
taxed
as
other
33
costs.
34
4.
The
board
shall
file
its
findings
of
fact
and
conclusions
35
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of
law
within
sixty
days
of
the
close
of
any
hearing,
receipt
1
of
the
transcript,
or
submission
of
any
briefs.
If
the
2
board
finds
that
the
party
accused
has
committed
a
prohibited
3
practice,
the
board
may,
within
thirty
days
of
its
decision,
4
enter
into
a
consent
order
with
the
party
to
discontinue
the
5
practice,
or
after
the
thirty
days
following
the
decision
may
6
petition
the
district
court
for
injunctive
relief
pursuant
to
7
rules
of
civil
procedure
1.1501
to
1.1511.
8
5.
The
board’s
review
of
proposed
decisions
and
the
9
rehearing
or
judicial
review
of
final
decisions
is
governed
by
10
the
provisions
of
chapter
17A.
11
Sec.
127.
NEW
SECTION
.
20A.8
Strikes
prohibited.
12
1.
It
shall
be
unlawful
for
any
contractor
or
any
contractor
13
organization,
directly
or
indirectly,
to
induce,
instigate,
14
encourage,
authorize,
ratify,
or
participate
in
a
strike
15
against
any
employer.
16
2.
It
shall
be
unlawful
for
any
employer
to
authorize,
17
consent
to,
or
condone
a
strike;
or
to
pay
or
agree
to
pay
any
18
contractor
for
any
day
in
which
the
contractor
participates
19
in
a
strike;
or
to
pay
or
agree
to
pay
any
increase
in
20
compensation
or
benefits
to
any
contractor
in
response
to
or
21
as
a
result
of
any
strike
or
any
act
which
violates
subsection
22
1.
It
shall
be
unlawful
for
any
official,
director,
or
23
representative
of
any
employer
to
authorize,
ratify,
or
24
participate
in
any
violation
of
this
subsection.
Nothing
in
25
this
subsection
shall
prevent
new
or
renewed
bargaining
and
26
agreement
within
the
scope
of
negotiations
as
defined
by
this
27
chapter,
at
any
time
after
such
violation
of
subsection
1
has
28
ceased;
but
it
shall
be
unlawful
for
any
employer
or
contractor
29
organization
to
bargain
at
any
time
regarding
suspension
30
or
modification
of
any
penalty
provided
in
this
section
or
31
regarding
any
request
by
the
employer
to
a
court
for
such
32
suspension
or
modification.
33
3.
In
the
event
of
any
violation
or
imminently
threatened
34
violation
of
subsection
1
or
2,
any
citizen
domiciled
within
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the
county
in
which
the
violation
occurs
may
petition
the
1
district
court
for
that
county
or
the
district
court
for
2
Polk
county
for
an
injunction
restraining
such
violation
or
3
imminently
threatened
violation.
Rules
of
civil
procedure
4
1.1501
to
1.1511
regarding
injunctions
shall
apply.
However,
5
the
court
shall
grant
a
temporary
injunction
if
it
appears
6
to
the
court
that
a
violation
has
occurred
or
is
imminently
7
threatened;
the
plaintiff
need
not
show
that
the
violation
8
or
threatened
violation
would
greatly
or
irreparably
injure
9
the
plaintiff;
and
no
bond
shall
be
required
of
the
plaintiff
10
unless
the
court
determines
that
a
bond
is
necessary
in
11
the
public
interest.
Failure
to
comply
with
any
temporary
12
or
permanent
injunction
granted
pursuant
to
this
section
13
shall
constitute
a
contempt
punishable
pursuant
to
chapter
14
665.
The
punishment
shall
not
exceed
five
hundred
dollars
15
for
an
individual,
or
ten
thousand
dollars
for
a
contractor
16
organization
or
employer,
for
each
day
during
which
the
failure
17
to
comply
continues,
or
imprisonment
in
a
county
jail
not
18
exceeding
six
months,
or
both
such
fine
and
imprisonment.
An
19
individual
or
a
contractor
organization
which
makes
an
active,
20
good-faith
effort
to
comply
fully
with
the
injunction
shall
not
21
be
deemed
to
be
in
contempt.
22
4.
If
a
contractor
is
held
to
be
in
contempt
of
court
for
23
failure
to
comply
with
an
injunction
pursuant
to
this
section,
24
or
is
convicted
of
violating
this
section,
the
contractor
25
shall
be
ineligible
to
perform
work
under
contract
for
the
26
same
employer
for
a
period
of
twelve
months.
The
employer
27
shall
immediately
cease
utilizing
the
labor
of
the
contractor,
28
but
upon
the
contractor’s
request,
the
court
shall
stay
the
29
cessation
to
permit
further
judicial
proceedings.
30
5.
If
a
contractor
organization
or
any
of
its
officers
is
31
held
to
be
in
contempt
of
court
for
failure
to
comply
with
32
an
injunction
pursuant
to
this
section,
or
is
convicted
of
33
violating
this
section,
the
contractor
organization
shall
34
be
immediately
decertified,
shall
cease
to
represent
the
35
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bargaining
unit,
shall
cease
to
receive
any
dues
by
checkoff,
1
and
may
again
be
certified
only
after
twelve
months
have
2
elapsed
from
the
effective
date
of
decertification
and
only
3
after
a
new
election
pursuant
to
section
20A.11.
The
penalties
4
provided
in
this
section
may
be
suspended
or
modified
by
the
5
court,
but
only
upon
request
of
the
employer
and
only
if
the
6
court
determines
the
suspension
or
modification
is
in
the
7
interest
of
the
employer
and
the
contractors.
8
6.
Each
of
the
remedies
and
penalties
provided
by
this
9
section
is
separate
and
several,
and
is
in
addition
to
any
10
other
legal
or
equitable
remedy
or
penalty.
11
Sec.
128.
NEW
SECTION
.
20A.9
Bargaining
unit
determination.
12
1.
Board
determination
of
an
appropriate
bargaining
unit
13
shall
be
upon
petition
filed
by
an
employer,
contractor,
or
14
contractor
organization.
15
2.
Within
thirty
days
of
receipt
of
a
petition,
the
board
16
shall
conduct
a
public
hearing,
receive
written
or
oral
17
testimony,
and
promptly
thereafter
file
an
order
defining
18
the
appropriate
bargaining
unit.
In
defining
the
unit,
the
19
board
shall
take
into
consideration,
along
with
other
relevant
20
factors,
the
principles
of
efficient
administration
of
the
21
employer’s
business,
the
existence
of
a
community
of
interest
22
among
contractors,
the
history
and
extent
of
contractor
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
Sec.
129.
NEW
SECTION
.
20A.10
Bargaining
representative
28
determination.
29
1.
Board
certification
of
a
contractor
organization
as
30
the
exclusive
bargaining
representative
of
a
bargaining
unit
31
shall
be
upon
a
petition
filed
with
the
board
by
an
employer,
32
contractor,
or
a
contractor
organization
and
an
election
33
conducted
pursuant
to
20A.11.
34
2.
The
petition
of
a
contractor
organization
shall
allege
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that:
1
a.
The
contractor
organization
has
submitted
a
request
to
2
an
employer
to
bargain
collectively
on
behalf
of
a
designated
3
group
of
contractors.
4
b.
The
petition
is
accompanied
by
written
evidence
5
that
thirty
percent
of
such
contractors
are
members
of
the
6
contractor
organization
or
have
authorized
the
organization
7
to
represent
the
contractors
for
the
purposes
of
collective
8
bargaining.
9
3.
The
petition
of
a
contractor
shall
allege
that
a
10
contractor
organization
which
has
been
certified
as
the
11
bargaining
representative
does
not
represent
a
majority
of
12
such
contractors
and
that
the
petitioners
do
not
want
to
be
13
represented
by
a
contractor
organization
or
seek
certification
14
of
a
contractor
organization.
15
4.
The
petition
of
an
employer
shall
allege
that
the
16
employer
has
received
a
request
to
bargain
from
a
contractor
17
organization
which
has
not
been
certified
as
the
bargaining
18
representative
of
the
contractors
in
an
appropriate
bargaining
19
unit.
20
5.
The
board
shall
investigate
the
allegations
of
any
21
petition
and
shall
give
reasonable
notice
of
the
receipt
of
22
such
a
petition
to
all
contractors,
contractor
organizations,
23
and
employers
named
or
described
in
such
petitions
or
24
interested
in
the
representation
questioned.
The
board
shall
25
thereafter
call
an
election
under
section
20A.11,
unless:
26
a.
It
finds
that
less
than
thirty
percent
of
the
contractors
27
in
the
unit
appropriate
for
collective
bargaining
support
the
28
petition
for
decertification
or
for
certification.
29
b.
The
appropriate
bargaining
unit
has
not
been
determined
30
pursuant
to
section
20A.9.
31
Sec.
130.
NEW
SECTION
.
20A.11
Elections.
32
1.
Upon
the
filing
of
a
petition
for
certification
of
a
33
contractor
organization,
the
board
shall
submit
a
question
to
34
the
contractors
at
an
election
in
the
bargaining
unit
found
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appropriate
by
the
board.
The
question
on
the
ballot
shall
1
permit
the
contractors
to
vote
for
no
bargaining
representation
2
or
for
any
contractor
organization
which
has
petitioned
for
3
certification
or
which
has
presented
proof
satisfactory
to
the
4
board
of
support
of
ten
percent
or
more
of
the
contractors
in
5
the
appropriate
unit.
6
2.
If
a
majority
of
the
votes
cast
on
the
question
is
for
no
7
bargaining
representation,
the
contractors
in
the
bargaining
8
unit
found
appropriate
by
the
board
shall
not
be
represented
by
9
a
contractor
organization.
If
a
majority
of
the
votes
cast
on
10
the
question
is
for
a
listed
contractor
organization,
then
that
11
organization
shall
represent
the
contractors
in
the
bargaining
12
unit
found
appropriate
by
the
board.
13
3.
If
none
of
the
choices
on
the
ballot
receive
the
vote
of
14
a
majority
of
the
contractors
voting,
the
board
shall
conduct
a
15
runoff
election
among
the
two
choices
receiving
the
greatest
16
number
of
votes.
17
4.
Upon
written
objections
filed
by
any
party
to
the
18
election
within
ten
days
after
notice
of
the
results
of
19
the
election,
if
the
board
finds
that
misconduct
or
other
20
circumstances
prevented
the
contractors
eligible
to
vote
from
21
freely
expressing
their
preferences,
the
board
may
invalidate
22
the
election
and
hold
a
second
election
for
the
contractors.
23
5.
Upon
completion
of
a
valid
election
in
which
the
majority
24
choice
of
the
contractors
voting
is
determined,
the
board
shall
25
certify
the
results
of
the
election
and
shall
give
reasonable
26
notice
of
the
order
to
all
contractor
organizations
listed
27
on
the
ballot,
the
employers,
and
the
contractors
in
the
28
appropriate
bargaining
unit.
29
6.
a.
A
petition
for
certification
as
exclusive
bargaining
30
representative
of
a
bargaining
unit
shall
not
be
considered
31
by
the
board
for
a
period
of
one
year
from
the
date
of
the
32
noncertification
of
a
contractor
organization
as
the
exclusive
33
bargaining
representative
of
that
bargaining
unit
following
a
34
certification
election.
A
petition
for
certification
as
the
35
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exclusive
bargaining
representative
of
a
bargaining
unit
shall
1
also
not
be
considered
by
the
board
if
the
bargaining
unit
is
2
at
that
time
represented
by
a
certified
exclusive
bargaining
3
representative.
4
b.
A
petition
for
the
decertification
of
the
exclusive
5
bargaining
representative
of
a
bargaining
unit
shall
not
be
6
considered
by
the
board
for
a
period
of
one
year
from
the
date
7
of
its
certification,
or
within
one
year
of
its
continued
8
certification
following
a
decertification
election,
or
during
9
the
duration
of
a
collective
bargaining
agreement
which,
for
10
purposes
of
this
section,
shall
be
deemed
not
to
exceed
two
11
years.
However,
if
a
petition
for
decertification
is
filed
12
during
the
duration
of
a
collective
bargaining
agreement,
the
13
board
shall
award
an
election
under
this
section
not
more
than
14
one
hundred
eighty
days
and
not
less
than
one
hundred
fifty
15
days
prior
to
the
expiration
of
the
collective
bargaining
16
agreement.
If
an
contractor
organization
is
decertified,
the
17
board
may
receive
petitions
under
section
20A.10,
provided
that
18
no
such
petition
and
no
election
conducted
pursuant
to
such
19
petition
within
one
year
from
decertification
shall
include
as
20
a
party
the
decertified
contractor
organization.
21
Sec.
131.
NEW
SECTION
.
20A.12
Duty
to
bargain.
22
Upon
the
receipt
by
an
employer
of
a
request
from
a
23
contractor
organization
to
bargain
on
behalf
of
contractors,
24
the
duty
to
engage
in
collective
bargaining
shall
arise
if
the
25
contractor
organization
has
been
certified
by
the
board
as
the
26
exclusive
bargaining
representative
for
the
contractors
in
that
27
bargaining
unit.
28
Sec.
132.
NEW
SECTION
.
20A.13
Procedures.
29
1.
The
contractor
organization
certified
as
the
bargaining
30
representative
shall
be
the
exclusive
representative
of
31
all
contractors
in
the
bargaining
unit
and
shall
represent
32
all
contractors
fairly.
However,
any
contractor
may
meet
33
and
adjust
individual
complaints
with
an
employer.
To
34
sustain
a
claim
that
a
certified
contractor
organization
has
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committed
a
prohibited
practice
by
breaching
its
duty
of
fair
1
representation,
a
contractor
must
establish
by
a
preponderance
2
of
the
evidence
action
or
inaction
by
the
organization
which
3
was
arbitrary,
discriminatory,
or
in
bad
faith.
4
2.
The
contractor
organization
and
the
employer
may
5
designate
any
individual
as
its
representative
to
engage
in
6
collective
bargaining
negotiations.
7
3.
The
contractor
organization
shall
present
its
initial
8
bargaining
position
to
the
employer
at
the
first
bargaining
9
session.
The
employer
shall
present
its
initial
bargaining
10
position
to
the
contractor
organization
at
the
second
11
bargaining
session,
which
shall
be
held
no
later
than
two
12
weeks
following
the
first
bargaining
session.
Parties
who
by
13
agreement
are
utilizing
a
cooperative
alternative
bargaining
14
process
may
exchange
their
respective
initial
interest
15
statements
in
lieu
of
initial
bargaining
positions.
16
4.
The
terms
of
a
proposed
collective
bargaining
agreement
17
shall
be
made
available
to
the
contractors
by
the
employer
and
18
reasonable
notice
shall
be
given
to
the
contractors
by
the
19
contractor
organization
prior
to
a
ratification
election.
The
20
collective
bargaining
agreement
shall
become
effective
only
if
21
ratified
by
a
majority
of
those
voting
by
secret
ballot.
22
5.
Terms
of
any
collective
bargaining
agreement
may
be
23
enforced
by
a
civil
action
in
the
district
court
of
the
county
24
in
which
the
agreement
was
made
upon
the
initiative
of
either
25
party.
26
6.
A
collective
bargaining
agreement
or
arbitrator’s
award
27
shall
not
be
valid
or
enforceable
if
its
implementation
would
28
be
inconsistent
with
any
statutory
requirement
of
employer.
29
A
collective
bargaining
agreement
or
arbitrator’s
award
may
30
provide
for
benefits
conditional
upon
specified
condition,
but
31
the
agreement
shall
provide
either
for
automatic
reduction
of
32
such
conditional
benefits
or
for
additional
bargaining
if
the
33
conditions
are
not
met.
34
7.
If
agreed
to
by
the
parties,
nothing
in
this
chapter
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shall
be
construed
to
prohibit
supplementary
bargaining
1
on
behalf
of
contractors
in
a
part
of
the
bargaining
unit
2
concerning
matters
uniquely
affecting
those
contractors
or
3
cooperation
and
coordination
of
bargaining
between
two
or
more
4
bargaining
units.
5
8.
A
contractor
or
any
contractor
organization
shall
not
6
negotiate
or
attempt
to
negotiate
directly
with
an
employer
7
or
agent
of
an
employer
if
the
employer
has
appointed
or
8
authorized
a
bargaining
representative
for
the
purpose
of
9
bargaining
with
the
contractors
or
their
representative,
10
unless
the
employer
or
agent
is
the
designated
bargaining
11
representative.
12
9.
The
board
shall
provide,
by
rule,
a
date
on
which
any
13
impasse
item
must
be
submitted
to
binding
arbitration
and
for
14
such
other
procedures
as
deemed
necessary
to
provide
for
the
15
completion
of
negotiations
of
proposed
collective
bargaining
16
agreements
within
reasonable
time
periods,
which
procedures
may
17
be
waived
by
mutual
agreement
of
the
parties.
18
Sec.
133.
NEW
SECTION
.
20A.14
Grievance
procedures.
19
An
agreement
with
a
contractor
organization
which
is
the
20
exclusive
representative
of
contractors
in
an
appropriate
unit
21
may
provide
procedures
for
the
consideration
of
contractor
and
22
contractor
organization
grievances
over
the
interpretation
and
23
application
of
collective
bargaining
agreements.
Negotiated
24
procedures
may
provide
for
binding
arbitration
of
contractor
25
and
contractor
organization
grievances
over
the
interpretation
26
and
application
of
existing
collective
bargaining
agreements.
27
An
arbitrator’s
decision
on
a
grievance
may
not
change
or
28
amend
the
terms,
conditions,
or
applications
of
the
collective
29
bargaining
agreement.
Such
procedures
shall
provide
for
30
the
invoking
of
arbitration
only
with
the
approval
of
the
31
contractor
organization
in
all
instances,
and
in
the
case
of
a
32
contractor
grievance,
only
with
the
additional
approval
of
the
33
contractor.
The
costs
of
arbitration
shall
be
shared
equally
34
by
the
parties.
35
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Sec.
134.
NEW
SECTION
.
20A.15
Impasse
procedures
——
1
agreement
of
parties.
2
1.
As
the
first
step
in
the
performance
of
their
duty
to
3
bargain,
the
employer
and
the
contractor
organization
shall
4
endeavor
to
agree
upon
impasse
procedures,
including
a
timeline
5
for
implementation
of
such
procedures.
If
the
parties
fail
6
to
agree
upon
impasse
procedures
under
the
provisions
of
this
7
section,
the
impasse
procedures
provided
in
sections
20A.16
and
8
20A.17
shall
apply.
9
2.
Parties
who
by
agreement
are
utilizing
a
cooperative
10
alternative
bargaining
process
shall,
at
the
outset
of
such
11
process,
agree
upon
a
method
and
schedule
for
the
completion
12
of
impasse
procedures
should
they
fail
to
reach
a
collective
13
bargaining
agreement
through
the
use
of
such
alternative
14
bargaining
process.
15
Sec.
135.
NEW
SECTION
.
20A.16
Mediation.
16
In
the
absence
of
an
impasse
agreement
negotiated
pursuant
17
to
section
20A.15
or
the
failure
of
either
party
to
utilize
18
its
procedures,
when
the
time
period
established
pursuant
to
19
section
20A.13,
subsection
9,
has
elapsed,
the
board
shall,
20
upon
the
request
of
either
party,
appoint
an
impartial
and
21
disinterested
person
to
act
as
mediator.
It
shall
be
the
22
function
of
the
mediator
to
bring
the
parties
together
to
23
effectuate
a
settlement
of
the
dispute,
but
the
mediator
may
24
not
compel
the
parties
to
agree.
25
Sec.
136.
NEW
SECTION
.
20A.17
Binding
arbitration.
26
1.
If
an
impasse
persists
ten
days
after
the
mediator
has
27
been
appointed,
the
board
shall
have
the
power,
upon
request
28
of
either
party,
to
arrange
for
arbitration,
which
shall
be
29
binding.
The
request
for
arbitration
shall
be
in
writing
and
a
30
copy
of
the
request
shall
be
served
upon
the
other
party.
31
2.
Each
party
shall
serve
its
final
offer
on
each
of
the
32
impasse
items
upon
the
other
party
within
four
days
of
the
33
board’s
receipt
of
the
request
for
arbitration.
The
parties
34
may
continue
to
negotiate
all
offers
until
an
agreement
is
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reached
or
an
award
is
rendered
by
the
arbitrator.
The
full
1
costs
of
arbitration
under
this
section
shall
be
shared
equally
2
by
the
parties
to
the
dispute.
3
3.
The
submission
of
the
impasse
items
to
the
arbitrator
4
shall
be
limited
to
those
items
upon
which
the
parties
have
5
not
reached
agreement.
With
respect
to
each
such
item,
the
6
arbitrator’s
award
shall
be
restricted
to
the
final
offers
on
7
each
impasse
item
submitted
by
the
parties
to
the
arbitrator.
8
4.
Upon
the
filing
of
the
request
for
arbitration,
a
list
9
of
five
arbitrators
shall
be
served
upon
the
parties
by
the
10
board.
Within
five
days
of
service
of
the
list,
the
parties
11
shall
determine
by
lot
which
party
shall
remove
the
first
name
12
from
the
list
and
the
parties
shall
then
alternately
remove
13
names
from
the
list
until
the
name
of
one
person
remains,
who
14
shall
become
the
arbitrator.
The
parties
shall
immediately
15
notify
the
board
of
their
selection
and
the
board
shall
16
notify
the
arbitrator.
After
consultation
with
the
parties,
17
the
arbitrator
shall
set
a
time
and
place
for
an
arbitration
18
hearing.
19
5.
The
arbitrator
shall
at
no
time
engage
in
an
effort
to
20
mediate
or
otherwise
settle
the
dispute
in
any
manner
other
21
than
that
prescribed
in
this
section.
22
6.
From
the
time
the
board
notifies
the
arbitrator
of
the
23
selection
of
the
arbitrator
until
such
time
as
the
arbitrator’s
24
selection
on
each
impasse
item
is
made,
there
shall
be
no
25
discussion
concerning
recommendations
for
settlement
of
the
26
dispute
by
the
arbitrator
with
parties
other
than
those
who
are
27
direct
parties
to
the
dispute.
28
7.
The
arbitrator
shall
consider,
in
addition
to
any
other
29
relevant
factors,
the
following
factors:
30
a.
Past
collective
bargaining
contracts
between
the
parties
31
including
the
bargaining
that
led
up
to
such
contracts.
32
b.
Comparison
of
wages,
hours,
and
conditions
of
labor
of
33
the
involved
contractors
with
those
of
other
contractors
doing
34
comparable
work,
giving
consideration
to
factors
peculiar
to
35
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the
area
and
the
classifications
involved.
1
c.
The
interests
and
welfare
of
the
contractors,
the
ability
2
of
the
employer
to
finance
economic
adjustments,
and
the
effect
3
of
such
adjustments
on
the
normal
business
standards
of
the
4
employer.
5
8.
The
arbitrator
may
administer
oaths,
examine
witnesses
6
and
documents,
take
testimony
and
receive
evidence,
and
7
issue
subpoenas
to
compel
the
attendance
of
witnesses
and
8
the
production
of
records.
The
arbitrator
may
petition
the
9
district
court
at
the
seat
of
government
or
of
the
county
10
in
which
the
hearing
is
held
to
enforce
the
order
of
the
11
arbitrator
compelling
the
attendance
of
witnesses
and
the
12
production
of
records.
13
9.
The
arbitrator
shall
select
within
fifteen
days
after
14
the
hearing
the
most
reasonable
offer,
in
the
arbitrator’s
15
judgment,
of
the
final
offers
on
each
impasse
item
submitted
16
by
the
parties.
17
10.
The
selections
by
the
arbitrator
and
items
agreed
upon
18
by
the
employer
and
the
contractor
organization
shall
be
deemed
19
to
be
the
collective
bargaining
agreement
between
the
parties.
20
11.
The
determination
of
the
arbitrator
shall
be
final
and
21
binding
subject
to
the
provisions
of
section
20A.13,
subsection
22
6.
The
arbitrator
shall
give
written
explanation
for
the
23
arbitrator’s
selections
and
inform
the
parties
of
the
decision.
24
Sec.
137.
NEW
SECTION
.
20A.18
Legal
actions.
25
Any
contractor
organization
and
employer
may
sue
or
be
sued
26
as
an
entity
under
the
provisions
of
this
chapter.
Service
27
upon
the
employer
shall
be
in
accordance
with
law
or
the
rules
28
of
civil
procedure.
Nothing
in
this
chapter
shall
be
construed
29
to
make
any
individual
or
the
individual’s
assets
liable
for
30
any
judgment
against
an
employer
or
a
contractor
organization.
31
Sec.
138.
NEW
SECTION
.
20A.19
Internal
conduct
of
32
contractor
organizations.
33
1.
Every
contractor
organization
which
is
certified
as
34
a
representative
of
contractors
under
the
provisions
of
this
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chapter
shall
file
with
the
board
a
registration
report,
1
signed
by
its
president
or
other
appropriate
officer.
The
2
report
shall
be
in
a
form
prescribed
by
the
board
and
shall
3
be
accompanied
by
two
copies
of
the
contractor
organization’s
4
constitution
and
bylaws.
A
filing
by
a
national
or
5
international
contractor
organization
of
its
constitution
and
6
bylaws
shall
be
accepted
in
lieu
of
a
filing
of
such
documents
7
by
each
subordinate
organization.
All
changes
or
amendments
8
to
such
constitutions
and
bylaws
shall
be
promptly
reported
to
9
the
board.
10
2.
Every
contractor
organization
shall
file
with
the
board
11
an
annual
report
and
an
amended
report
whenever
changes
are
12
made.
The
reports
shall
be
in
a
form
prescribed
by
the
board,
13
and
shall
provide
the
following
information:
14
a.
The
names
and
addresses
of
the
organization,
any
parent
15
organization
or
organizations
with
which
it
is
affiliated,
the
16
principal
officers,
and
all
representatives.
17
b.
The
name
and
address
of
its
local
agent
for
service
of
18
process.
19
c.
A
general
description
of
the
contractors
the
organization
20
represents
or
seeks
to
represent.
21
d.
The
amounts
of
the
initiation
fee
and
monthly
dues
22
members
must
pay.
23
e.
A
pledge,
in
a
form
prescribed
by
the
board,
that
the
24
organization
will
comply
with
the
laws
of
the
state
and
that
it
25
will
accept
members
without
regard
to
age,
race,
sex,
religion,
26
national
origin,
or
physical
disability
as
provided
by
law.
27
f.
A
financial
report
and
audit.
28
3.
The
constitution
or
bylaws
of
every
contractor
29
organization
shall
provide
that:
30
a.
Accurate
accounts
of
all
income
and
expenses
shall
31
be
kept,
and
annual
financial
reports
and
audits
shall
be
32
prepared,
such
accounts
shall
be
open
for
inspection
by
any
33
member
of
the
organization,
and
loans
to
officers
and
agents
34
shall
be
made
only
on
terms
and
conditions
available
to
all
35
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members.
1
b.
Business
or
financial
interests
of
its
officers
and
2
agents,
their
spouses,
minor
children,
parents,
or
otherwise,
3
that
conflict
with
the
fiduciary
obligation
of
such
persons
to
4
the
organization
shall
be
prohibited.
5
c.
Every
official
or
employee
of
a
contractor
organization
6
who
handles
funds
or
other
property
of
the
organization,
or
7
trust
in
which
an
organization
is
interested,
or
a
subsidiary
8
organization,
shall
be
bonded.
The
amount,
scope,
and
form
of
9
the
bond
shall
be
determined
by
the
board.
10
4.
The
governing
rules
of
every
contractor
organization
11
shall
provide
for
periodic
elections
by
secret
ballot
subject
12
to
recognized
safeguards
concerning
the
equal
right
of
all
13
members
to
nominate,
seek
office,
and
vote
in
such
elections,
14
the
right
of
individual
members
to
participate
in
the
affairs
15
of
the
organization,
and
fair
and
equitable
procedures
in
16
disciplinary
actions.
17
5.
The
board
shall
prescribe
rules
necessary
to
govern
the
18
establishment
and
reporting
of
trusteeships
over
contractor
19
organizations.
Establishment
of
such
trusteeships
shall
20
be
permitted
only
if
the
constitution
or
bylaws
of
the
21
organization
set
forth
reasonable
procedures.
22
6.
A
contractor
organization
that
has
not
registered
or
23
filed
an
annual
report,
or
that
has
failed
to
comply
with
other
24
provisions
of
this
chapter,
shall
not
be
certified.
Certified
25
contractor
organizations
failing
to
comply
with
this
chapter
26
may
have
such
certification
revoked
by
the
board.
Prohibitions
27
may
be
enforced
by
injunction
upon
the
petition
of
the
board
to
28
the
district
court
of
the
county
in
which
the
violation
occurs.
29
Complaints
of
violation
of
this
section
shall
be
filed
with
the
30
board.
31
7.
Upon
the
written
request
of
any
member
of
a
certified
32
contractor
organization,
the
auditor
of
state
may
audit
the
33
financial
records
of
the
certified
contractor
organization.
34
Sec.
139.
NEW
SECTION
.
20A.20
Contractor
organizations
——
35
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political
contributions.
1
1.
A
contractor
organization
shall
not
make
any
direct
2
or
indirect
contribution
out
of
the
funds
of
the
contractor
3
organization
to
any
political
party
or
organization
or
in
4
support
of
any
candidate
for
elective
public
office.
5
2.
Any
contractor
organization
which
violates
the
6
provisions
of
this
section
or
fails
to
file
any
required
report
7
or
affidavit
or
files
a
false
report
or
affidavit
shall,
upon
8
conviction,
be
subject
to
a
fine
of
not
more
than
two
thousand
9
dollars.
10
3.
Any
person
who
willfully
violates
this
section,
or
11
who
makes
a
false
statement
knowing
it
to
be
false,
or
who
12
knowingly
fails
to
disclose
a
material
fact
shall,
upon
13
conviction,
be
subject
to
a
fine
of
not
more
than
one
thousand
14
dollars
or
imprisoned
for
not
more
than
thirty
days
or
shall
be
15
subject
to
both
such
fine
and
imprisonment.
Each
individual
16
required
to
sign
affidavits
or
reports
under
this
section
shall
17
be
personally
responsible
for
filing
such
report
or
affidavit
18
and
for
any
statement
contained
therein
the
individual
knows
19
to
be
false.
20
4.
Nothing
in
this
section
shall
be
construed
to
prohibit
21
voluntary
contributions
by
individuals
to
political
parties
or
22
candidates.
23
5.
Nothing
in
this
section
shall
be
construed
to
limit
or
24
deny
any
civil
remedy
which
may
exist
as
a
result
of
action
25
which
may
violate
this
section.
26
Sec.
140.
NEW
SECTION
.
20A.21
Conflict
with
federal
aid.
27
If
any
provision
of
this
chapter
jeopardizes
the
receipt
by
28
the
state
or
any
of
its
political
subdivisions
of
any
federal
29
grant-in-aid
funds
or
other
federal
allotment
of
moneys,
the
30
provisions
of
this
chapter
shall,
insofar
as
the
fund
is
31
jeopardized,
be
deemed
to
be
inoperative.
32
Sec.
141.
NEW
SECTION
.
20A.22
Inconsistent
statutes
——
33
effect.
34
A
provision
of
the
Code
which
is
inconsistent
with
any
35
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term
or
condition
of
a
collective
bargaining
agreement
which
1
is
made
final
under
this
chapter
shall
supersede
the
term
2
or
condition
of
the
collective
bargaining
agreement
unless
3
otherwise
provided
by
the
general
assembly.
A
provision
of
a
4
proposed
collective
bargaining
agreement
negotiated
according
5
to
this
chapter
which
conflicts
with
the
Code
shall
not
become
6
a
provision
of
the
final
collective
bargaining
agreement
7
until
the
general
assembly
has
amended
the
Code
to
remove
the
8
conflict.
9
Sec.
142.
NEW
SECTION
.
20A.23
Mediator
privilege.
10
1.
As
used
in
this
section,
unless
the
context
otherwise
11
requires:
12
a.
“Mediation”
means
a
process
in
which
an
impartial
person
13
attempts
to
facilitate
the
resolution
of
a
dispute
by
promoting
14
voluntary
agreement
of
the
parties
to
the
dispute.
Mediation
15
shall
be
deemed
to
commence
upon
the
mediator’s
receipt
of
16
notice
of
assignment
and
shall
be
deemed
to
conclude
when
the
17
dispute
is
resolved.
18
b.
“Mediator”
means
a
member
or
employee
of
the
board
or
19
any
other
person
appointed
or
requested
by
the
board
to
assist
20
parties
in
resolving
disputes
involving
collective
bargaining
21
impasses,
contested
cases,
other
agency
cases,
or
contract
22
grievances.
23
2.
A
mediator
shall
not
be
required
to
testify
in
any
24
judicial,
administrative,
or
grievance
proceeding
regarding
25
any
matters
occurring
in
the
course
of
a
mediation,
including
26
any
verbal
or
written
communication
or
behavior,
other
than
27
facts
relating
exclusively
to
the
timing
or
scheduling
of
28
mediation.
A
mediator
shall
not
be
required
to
produce
or
29
disclose
any
documents,
including
notes,
memoranda,
or
other
30
work
product
relating
to
mediation,
other
than
documents
31
relating
exclusively
to
the
timing
or
scheduling
of
mediation.
32
This
subsection
shall
not
apply
in
any
of
the
following
33
circumstances:
34
a.
The
testimony,
production,
or
disclosure
is
required
by
35
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statute.
1
b.
The
testimony,
production,
or
disclosure
provides
2
evidence
of
an
ongoing
or
future
criminal
activity.
3
c.
The
testimony,
production,
or
disclosure
provides
4
evidence
of
child
abuse
as
defined
in
section
232.68,
5
subsection
2.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
various
matters
concerning
employment.
10
DIVISION
I
——
ESSENTIAL
EMPLOYEES
——
PREMIUM
PAY.
During
11
a
period
of
infectious
disease
emergency,
as
defined
in
the
12
division,
an
employer
shall
pay
an
essential
employee,
as
13
defined
in
this
division,
premium
pay,
in
addition
to
any
other
14
wages
or
benefits
to
which
the
employee
is
entitled.
Premium
15
pay
shall
be
paid
at
the
same
time
and
in
the
same
manner
as
an
16
essential
employee’s
regular
wages.
17
The
division
requires
the
labor
commissioner
to
establish
18
the
rate
or
amount
of
premium
pay
to
which
an
essential
worker
19
is
entitled
by
rule.
The
division
provides
procedures
for
the
20
commissioner
to
carry
out
the
requirements
of
the
division.
21
The
division
authorizes
the
commissioner
to
establish
22
different
rates
or
amounts
of
premium
pay
by
rule
for
different
23
occupations
held
by
essential
employees.
24
The
division
applies
to
pay
periods
beginning
on
or
after
the
25
effective
date
of
rules
adopted
by
the
labor
commissioner
to
26
implement
the
division
and
takes
effect
upon
enactment.
27
DIVISION
II
——
MINIMUM
WAGE.
This
division
increases
the
28
state
minimum
hourly
wage
to
$8.20
as
of
July
1,
2021,
$9.15
29
as
of
July
1,
2022,
$10.10
as
of
January
1,
2023,
$11.05
as
of
30
July
1,
2023,
$12.00
as
of
January
1,
2024,
$12.95
as
of
July
31
1,
2024,
$13.90
as
of
January
1,
2025,
and
$15.00
as
of
July
1,
32
2025.
The
division
increases
the
state
minimum
hourly
wage
for
33
employees
employed
for
less
than
90
days
to
$7.20
as
of
July
1,
34
2021,
$8.05
as
of
July
1,
2022,
$8.85
as
of
January
1,
2023,
35
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$9.70
as
of
July
1,
2023,
$10.55
as
of
January
1,
2024,
$11.40
1
as
of
July
1,
2024,
$12.25
as
of
January
1,
2025,
and
$13.20
as
2
of
July
1,
2025.
3
The
division
increases
the
state
minimum
hourly
wage,
4
including
the
minimum
hourly
wage
established
for
employees
5
employed
for
less
than
90
days,
annually
on
July
1,
beginning
6
July
1,
2026,
by
the
same
percentage
as
the
cost-of-living
7
increase
in
social
security
benefits
effective
as
of
the
8
previous
December,
as
authorized
by
the
federal
social
security
9
administration.
10
The
division
increases
the
dollar
amount
of
monthly
tips
an
11
employee
must
receive
in
order
to
be
subject
to
an
alternative
12
minimum
wage
calculation
for
employees
who
receive
tips
from
13
$30
to
$100.
14
The
division
authorizes
a
county
or
city
to
establish
a
15
minimum
wage
that
exceeds
the
state
hourly
wage
and
the
federal
16
minimum
wage.
17
PUBLIC
EMPLOYMENT
MATTERS
——
BACKGROUND.
Divisions
18
III
through
VII
of
the
bill
relate
to
employment
matters
19
involving
public
employees
including
collective
bargaining,
20
educator
employment
matters,
personnel
records
and
settlement
21
agreements,
city
civil
service
requirements,
and
health
22
insurance
matters.
The
divisions
generally
strike
statutory
23
changes
made
by
2017
Iowa
Acts,
House
File
291,
and
restore
24
statutory
language
in
effect
prior
to
the
enactment
of
2017
25
Iowa
Acts,
House
File
291.
26
DIVISION
III
——
PUBLIC
EMPLOYEE
COLLECTIVE
BARGAINING.
27
This
division
makes
a
variety
of
changes
to
Code
chapter
28
20,
the
public
employment
relations
Act,
as
well
as
other
29
Code
provisions
relating
to
collective
bargaining
by
public
30
employees.
31
ELIMINATION
OF
PUBLIC
SAFETY
AND
TRANSIT
EMPLOYEE
32
CATEGORIES.
The
division
eliminates
public
safety
employees
33
and
transit
employees
as
separate
categories
of
employees
for
34
the
purposes
of
public
employee
collective
bargaining,
making
35
-90-
LSB
1492YH
(5)
89
je/rn
90/
109
H.F.
715
affected
provisions
of
Code
chapter
20
applicable
to
all
public
1
employees
governed
by
Code
chapter
20.
2
SCOPE
OF
NEGOTIATIONS.
The
division
makes
changes
to
3
subjects
which
are
negotiated
through
collective
bargaining
4
between
public
employers
and
public
employees
under
Code
5
section
20.9.
6
The
division
provides
that
the
scope
of
negotiations
for
7
all
public
employees
shall
consist
of
wages,
hours,
vacations,
8
insurance,
holidays,
leaves
of
absence,
shift
differentials,
9
overtime
compensation,
supplemental
pay,
seniority,
transfer
10
procedures,
job
classifications,
health
and
safety
matters,
11
evaluation
procedures,
procedures
for
staff
reduction,
12
in-service
training,
dues
checkoff,
grievance
procedures
for
13
resolving
any
questions
arising
under
the
agreement,
and
14
other
matters
mutually
agreed
upon.
The
division
provides
15
that
retirement
systems
shall
be
excluded
from
the
scope
of
16
negotiations.
17
The
division
strikes
language
providing
that
mandatory
18
subjects
of
negotiation
under
Code
section
20.9
shall
be
19
interpreted
narrowly
and
restrictively.
The
division
strikes
20
language
limiting
the
term
of
a
collective
bargaining
agreement
21
entered
into
pursuant
to
Code
chapter
20
to
a
maximum
of
five
22
years.
23
ARBITRATION
PROCEDURES.
The
division
makes
changes
to
the
24
procedures
for
arbitration
of
impasses
in
collective
bargaining
25
between
public
employers
and
public
employees
under
Code
26
section
20.22.
27
The
division
modifies
the
factors
that
an
arbitrator
is
28
required
to
consider
in
addition
to
any
other
relevant
factors
29
in
making
a
final
determination
on
an
impasse
item.
The
30
division
requires
an
arbitrator
to
consider
past
collective
31
bargaining
contracts
between
the
parties
including
the
32
bargaining
that
led
up
to
such
contracts;
comparison
of
wages,
33
hours,
and
conditions
of
employment
of
the
involved
public
34
employees
with
those
of
other
public
employees
doing
comparable
35
-91-
LSB
1492YH
(5)
89
je/rn
91/
109
H.F.
715
work,
giving
consideration
to
factors
peculiar
to
the
area
and
1
the
classifications
involved;
the
interests
and
welfare
of
the
2
public,
the
ability
of
the
public
employer
to
finance
economic
3
adjustments,
and
the
effect
of
such
adjustments
on
the
normal
4
standard
of
services;
and
the
power
of
the
public
employer
5
to
levy
taxes
and
appropriate
funds
for
the
conduct
of
its
6
operations.
7
The
division
strikes
language
permitting
the
parties
to
8
agree
to
change
the
four-day
deadline
to
serve
final
offers
on
9
impasse
items
after
a
request
for
arbitration
is
received.
10
The
division
strikes
language
prohibiting
the
parties
to
an
11
arbitration
from
introducing,
and
the
arbitrator
from
accepting
12
or
considering,
any
direct
or
indirect
evidence
regarding
any
13
subject
excluded
from
negotiations
pursuant
to
Code
section
14
20.9.
15
The
division
strikes
language
providing
for
a
maximum
16
increase
in
base
wages
in
an
arbitrator’s
award.
17
PUBLIC
EMPLOYEE
ELECTIONS.
The
division
makes
changes
to
18
public
employee
elections
conducted
pursuant
to
Code
section
19
20.15.
20
The
division
strikes
language
providing
for
retention
and
21
recertification
elections
and
requires
the
public
employment
22
relations
board
(PERB)
to
cancel
any
such
elections
scheduled
23
or
in
process.
The
division
requires
the
PERB
to
consider
a
24
petition
for
certification
of
an
employee
organization
as
the
25
exclusive
representative
of
a
bargaining
unit
for
which
an
26
employee
organization
was
not
retained
and
recertified
as
the
27
exclusive
representative
of
that
bargaining
unit
regardless
of
28
the
amount
of
time
that
has
elapsed
since
the
retention
and
29
recertification
election,
notwithstanding
prior
requirements
30
prohibiting
such
consideration
for
two
years.
31
The
division
provides
that
the
outcome
of
a
certification
32
or
decertification
election
is
determined
by
a
majority
vote
33
of
the
members
of
the
bargaining
unit
voting,
rather
than
the
34
total
membership
of
the
bargaining
unit.
The
division
provides
35
-92-
LSB
1492YH
(5)
89
je/rn
92/
109
H.F.
715
for
a
runoff
election
if
none
of
the
choices
on
the
ballot
in
a
1
certification
election
receives
a
majority
vote
of
the
members
2
of
the
bargaining
unit
voting.
3
The
division
lowers
the
required
percentage
of
support
4
from
employees
in
a
bargaining
unit
required
for
an
employee
5
organization
that
did
not
submit
a
petition
for
certification
6
as
the
exclusive
bargaining
representative
of
a
bargaining
unit
7
to
be
listed
on
the
ballot
for
a
certification
election
from
30
8
percent
to
10
percent.
9
The
division
strikes
language
prohibiting
the
PERB
from
10
considering
a
petition
for
certification
as
the
exclusive
11
bargaining
representative
of
a
bargaining
unit
unless
a
12
period
of
two
years
has
elapsed
from
the
date
of
the
last
13
certification
election
in
which
an
employee
organization
14
was
not
certified
as
the
exclusive
representative
of
that
15
bargaining
unit
or
of
the
last
decertification
election
in
16
which
an
employee
organization
was
decertified
as
the
exclusive
17
representative
of
that
bargaining
unit.
The
division
prohibits
18
the
PERB
from
considering
a
petition
for
certification
as
the
19
exclusive
bargaining
representative
of
a
bargaining
unit
for
20
one
year
after
the
employee
organization
is
not
certified
in
a
21
certification
election.
The
division
makes
additional
changes
22
relating
to
the
scheduling
of
decertification
elections.
23
EMPLOYEE
ORGANIZATION
DUES.
The
division
strikes
a
24
prohibition
on
public
entities
authorizing
or
administering
25
a
deduction
from
the
salaries
or
wages
of
its
employees
for
26
membership
dues
to
an
employee
organization.
The
division
27
provides
procedures
for
administering
such
dues
deductions.
28
PERB
DUTIES.
The
division
provides
that
the
PERB
may
29
interpret
and
apply,
as
well
as
administer,
Code
chapter
20.
30
The
division
strikes
language
permitting
the
PERB
to
31
appoint
a
certified
shorthand
reporter
to
report
state
employee
32
grievance
and
discipline
resolution
proceedings,
to
contract
33
with
a
vendor
to
conduct
elections,
to
establish
fees
to
cover
34
the
cost
of
elections,
and
to
retain
certain
funds
collected
by
35
-93-
LSB
1492YH
(5)
89
je/rn
93/
109
H.F.
715
the
PERB
as
repayment
receipts.
1
STATEWIDE
COLLECTIVE
BARGAINING
AGREEMENTS
FOLLOWING
A
2
GUBERNATORIAL
ELECTION
YEAR.
The
division
strikes
language
3
providing
for
modified
collective
bargaining
procedures
for
a
4
proposed,
statewide
collective
bargaining
agreement
to
become
5
effective
in
the
year
following
a
general
election
in
which
the
6
governor
and
certain
other
elected
officials
are
elected.
7
CONFIDENTIAL
RECORDS.
The
division
strikes
language
8
providing
that
certain
information
relating
to
elections
9
conducted
by
the
PERB
is
a
confidential
record
under
Code
10
chapter
22,
the
state
open
records
law.
11
MISCELLANEOUS
PROVISIONS
RELATING
TO
PUBLIC
EMPLOYEE
12
COLLECTIVE
BARGAINING.
The
division
strikes
a
definition
of
13
“supplemental
pay”.
14
The
division
strikes
language
providing
that
a
public
15
employer
has
the
right
to
evaluate
public
employees
in
16
positions
within
the
public
agency.
The
division
strikes
17
language
providing
that
a
public
employee
has
the
right
under
18
Code
section
20.8
to
exercise
any
right
or
seek
any
remedy
19
provided
by
law,
including
but
not
limited
to
Code
sections
20
70A.28
and
70A.29,
Code
chapter
8A,
subchapter
IV,
and
Code
21
chapters
216
and
400.
22
The
division
transfers
language
in
Code
section
20.10
23
prohibiting
a
public
employee
or
any
employee
organization
24
from
negotiating
or
attempting
to
negotiate
directly
with
a
25
member
of
the
governing
board
of
a
public
employer
if
the
26
public
employer
has
appointed
or
authorized
a
bargaining
27
representative
for
the
purpose
of
bargaining
with
the
public
28
employees
or
their
representative
to
Code
section
20.17.
29
The
division
decreases
the
amount
of
time
before
an
employee
30
organization
decertified
as
the
exclusive
representative
of
a
31
bargaining
unit
for
violating
an
injunction
against
an
unlawful
32
strike
can
be
certified
again
from
24
months
to
12
months.
33
The
division
strikes
language
prohibiting
voluntary
34
contributions
by
individuals
to
political
parties
or
candidates
35
-94-
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1492YH
(5)
89
je/rn
94/
109
H.F.
715
through
payroll
deductions.
1
The
division
strikes
a
requirement
that
a
copy
of
a
final
2
collective
bargaining
agreement
be
filed
with
the
PERB
by
3
the
public
employer
within
10
days
of
the
agreement
being
4
entered
into.
The
division
strikes
a
requirement
that
the
5
PERB
maintain
an
internet
site
that
allows
searchable
access
6
to
a
database
of
collective
bargaining
agreements
and
other
7
collective
bargaining
information.
8
The
division
changes
the
period
before
retirement
for
a
9
prohibited
voluntary
reduction
to
a
nonsupervisory
rank
or
10
grade
by
a
supervisor
and
related
ineligibility
for
benefits
11
from
36
months
to
six
months.
12
The
division
strikes
language
providing
that
a
mediator
13
shall
not
be
required
to
testify
in
any
arbitration
proceeding
14
regarding
any
matters
occurring
in
the
course
of
a
mediation.
15
The
division
requires
a
council,
board
of
waterworks,
or
16
other
board
or
commission
which
establishes
a
pension
and
17
annuity
retirement
system
pursuant
to
Code
chapter
412
to
18
negotiate
in
good
faith
with
a
certified
employee
organization
19
which
is
the
collective
bargaining
representative
of
the
20
employees,
with
respect
to
the
amount
or
rate
of
the
assessment
21
on
the
wages
and
salaries
of
employees
and
the
method
or
22
methods
for
payment
of
the
assessment
by
the
employees.
23
The
division
makes
additional
conforming
changes.
24
TRANSITION
PROVISIONS
——
DEADLINE.
The
division
requires
25
parties,
mediators,
and
arbitrators
engaging
in
any
collective
26
bargaining
procedures
provided
for
in
Code
chapter
20,
Code
27
2021,
who
have
not,
before
the
effective
date
of
the
division,
28
completed
such
procedures,
to
immediately
terminate
any
such
29
procedures
in
process
as
of
the
effective
date
of
the
division.
30
The
division
provides
that
a
collective
bargaining
agreement
31
negotiated
pursuant
to
such
procedures
in
process
shall
not
32
become
effective.
The
division
prohibits
parties,
mediators,
33
and
arbitrators
from
engaging
in
further
collective
bargaining
34
procedures
except
as
provided
in
the
division.
The
division
35
-95-
LSB
1492YH
(5)
89
je/rn
95/
109
H.F.
715
requires
such
parties
to
commence
collective
bargaining
in
1
accordance
with
Code
section
20.17,
as
amended
by
the
division.
2
The
division
requires
such
parties
to
complete
such
bargaining
3
not
later
than
June
30,
2021,
unless
the
parties
mutually
agree
4
to
a
different
deadline.
5
The
division
requires
the
PERB
to
adopt
emergency
rules
to
6
implement
these
requirements.
The
division
also
requires
the
7
department
of
administrative
services
to
adopt
emergency
rules
8
to
implement
the
provisions
of
the
division
relating
to
dues
9
deductions.
10
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS.
The
division
11
takes
effect
upon
enactment.
12
With
the
exception
of
the
section
of
the
division
amending
13
Code
section
20.6,
subsection
1,
the
division
does
not
apply
14
to
collective
bargaining
agreements
which
have
been
ratified
15
in
a
ratification
election,
for
which
an
arbitrator
has
made
16
a
final
determination,
or
which
have
become
effective,
where
17
such
events
occurred
before
the
effective
date
of
the
division.
18
The
division
applies
to
all
collective
bargaining
procedures
19
provided
for
in
Code
chapter
20
occurring
on
and
after
the
20
effective
date
of
the
division
and
collective
bargaining
21
agreements
for
which
a
ratification
election
is
held,
for
which
22
an
arbitrator
makes
a
final
determination,
or
which
become
23
effective
on
or
after
the
effective
date
of
the
division.
24
DIVISION
IV
——
EDUCATOR
EMPLOYMENT
MATTERS.
This
division
25
makes
a
variety
of
changes
relating
to
educator
employment
26
matters.
27
TERMINATION
OF
TEACHER
EMPLOYMENT
CONTRACTS.
The
division
28
makes
various
changes
relating
to
the
termination
of
teacher
29
employment
contracts.
30
The
division
shortens
various
procedural
deadlines
31
regarding
private
hearings
held
after
a
superintendent
32
recommends
termination
of
a
teacher’s
employment
contract.
33
The
division
makes
participation
in
such
a
private
hearing
34
by
the
superintendent,
the
superintendent’s
designated
35
-96-
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1492YH
(5)
89
je/rn
96/
109
H.F.
715
representatives,
the
teacher’s
immediate
supervisor,
the
1
teacher,
and
the
teacher’s
representatives
mandatory
on
the
2
part
of
those
individuals
instead
of
discretionary.
The
3
division
requires
that
the
school
board
employ
a
certified
4
shorthand
reporter
to
keep
a
record
of
a
private
hearing.
5
The
division
requires
the
school
board
to
issue
subpoenas
6
for
witnesses
and
evidence
on
behalf
of
the
board
and
the
7
teacher.
The
division
provides
for
a
judicial
remedy
if
a
8
witness
appears
and
refuses
to
testify
or
to
produce
required
9
books
or
papers
at
a
private
hearing.
The
division
authorizes
10
the
superintendent
and
the
teacher
to
file
written
briefs
and
11
arguments
with
the
board
at
the
conclusion
of
the
private
12
hearing.
The
division
provides
deadlines
for
determining
13
the
status
of
the
teacher’s
contract
if
the
teacher
does
not
14
request
a
private
hearing.
The
division
requires
that
the
15
decision
of
the
board
include
findings
of
fact
and
conclusions
16
of
law.
The
division
strikes
language
authorizing
a
school
17
board
which
votes
to
continue
a
teacher’s
contract
to
issue
18
the
teacher
a
one-year,
nonrenewable
contract.
The
division
19
permits
a
teacher
to
appeal
the
board’s
determination
to
an
20
adjudicator
and
provides
procedures
for
such
appeals.
21
TEACHER
PROBATIONARY
PERIODS.
The
division
makes
various
22
changes
relating
to
probationary
employment
of
teachers.
23
The
division
decreases
from
two
years
to
one
year
the
24
length
of
a
teacher’s
probationary
employment
period
in
a
25
school
district
if
the
teacher
has
successfully
completed
a
26
probationary
period
of
employment
for
another
school
district
27
located
in
Iowa.
28
The
division
provides
that
requirements
for
notices
of
29
termination,
private
hearings,
and
appeals
applicable
to
30
nonprobationary
teachers
whose
employment
contracts
are
31
terminated
are
applicable
to
probationary
teachers
whose
32
employment
contracts
are
terminated.
The
division
strikes
33
alternative
procedures
for
the
termination
of
employment
34
contracts
of
such
probationary
teachers,
including
notification
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procedures
and
the
opportunity
to
request
a
private
conference
1
with
the
school
board.
2
EXTRACURRICULAR
INTERSCHOLASTIC
ATHLETIC
COACH
CONTRACTS.
3
The
division
makes
various
changes
relating
to
extracurricular
4
interscholastic
athletic
coach
employment
contracts.
5
The
division
provides
that
wages
for
such
coaches
shall
be
6
paid
pursuant
to
established
or
negotiated
supplemental
pay
7
schedules.
The
division
provides
that
employment
contracts
8
of
such
coaches
shall
be
continued
automatically
in
force
and
9
effect
for
equivalent
periods
and
that
the
termination
of
such
10
contracts
follows
procedures
similar
to
those
used
for
teacher
11
contracts.
The
division
strikes
language
providing
that
12
employment
contracts
of
such
coaches
may
be
terminated
prior
to
13
their
expiration
for
any
lawful
reason
following
an
informal,
14
private
hearing
before
the
school
board.
The
division
strikes
15
language
providing
that
the
decision
of
the
school
board
to
16
terminate
such
a
contract
is
final.
17
SCHOOL
ADMINISTRATOR
EMPLOYMENT
MATTERS.
The
division
makes
18
various
changes
relating
to
school
administrator
employment
19
matters.
20
The
division
provides
that
the
rate
of
compensation
in
an
21
administrator’s
employment
contract
must
be
on
a
weekly
or
22
monthly
basis.
23
The
division
strikes
language
authorizing
a
school
board
to
24
issue
a
temporary
employment
contract
to
an
administrator
for
25
a
period
of
up
to
nine
months.
26
The
division
strikes
language
authorizing
a
school
board
to
27
issue
a
one-year,
nonrenewable
employment
contract
and
instead
28
authorizes
a
school
board
considering
the
termination
of
an
29
administrator’s
contract
and
the
administrator
to
mutually
30
agree
to
enter
into
such
a
contract.
31
The
division
decreases
the
probationary
employment
period
32
for
administrators
from
three
years
to
two
years
and
authorizes
33
a
school
board
to
waive
the
probationary
period
for
an
34
administrator
who
previously
served
a
probationary
period
in
35
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another
school
district.
1
The
division
strikes
language
providing
that
a
hearing
2
before
an
administrative
law
judge
requested
by
an
3
administrator
whose
employment
contract
a
school
board
is
4
considering
terminating
shall
be
a
private
hearing.
The
5
division
reduces
certain
procedural
deadlines
relating
to
such
6
hearings.
The
division
strikes
language
providing
that
any
7
witnesses
for
the
parties
at
the
hearing
shall
be
sequestered.
8
The
division
requires
that
the
decision
of
the
board
include
9
findings
of
fact
and
conclusions
of
law.
The
division
strikes
10
language
authorizing
a
school
board
which
votes
to
continue
an
11
administrator’s
contract
to
issue
the
administrator
a
one-year,
12
nonrenewable
contract.
13
INTENSIVE
ASSISTANCE
PROGRAMS.
The
division
makes
various
14
changes
relating
to
intensive
assistance
programs.
15
The
division
strikes
language
providing
that
a
teacher
who
16
has
previously
participated
in
an
intensive
assistance
program
17
relating
to
particular
Iowa
teaching
standards
or
criteria
18
shall
not
be
entitled
to
participate
in
another
intensive
19
assistance
program
relating
to
the
same
standards
or
criteria.
20
The
division
strikes
language
providing
that
following
a
21
teacher’s
participation
in
an
intensive
assistance
program,
the
22
teacher
shall
be
reevaluated
to
determine
whether
the
teacher
23
successfully
completed
the
intensive
assistance
program
and
24
is
meeting
district
expectations
under
the
applicable
Iowa
25
teaching
standards
or
criteria.
The
division
strikes
language
26
providing
that
if
the
teacher
did
not
successfully
complete
27
the
intensive
assistance
program
or
continues
not
to
meet
the
28
applicable
Iowa
teaching
standards
or
criteria,
the
board
may
29
initiate
procedures
to
terminate
the
teacher’s
employment
30
contract
immediately
or
at
the
end
of
the
school
year
or
may
31
continue
the
teacher’s
contract
for
a
period
not
to
exceed
one
32
year
on
a
nonrenewable
basis
and
without
the
right
to
a
private
33
hearing.
34
MISCELLANEOUS
PROVISIONS
RELATING
TO
EDUCATOR
EMPLOYMENT
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MATTERS.
The
division
strikes
language
authorizing
a
school
1
board
to
issue
a
temporary
employment
contract
to
a
teacher
for
2
a
period
of
up
to
six
months.
3
The
division
strikes
language
providing
that
just
cause
4
for
which
a
teacher
may
be
discharged
at
any
time
during
the
5
contract
year
under
Code
section
279.27
includes
but
is
not
6
limited
to
a
violation
of
the
code
of
professional
conduct
7
and
ethics
of
the
board
of
educational
examiners
if
the
board
8
has
taken
disciplinary
action
against
a
teacher
during
the
9
six
months
following
issuance
by
the
board
of
a
final
written
10
decision
and
finding
of
fact
after
a
disciplinary
proceeding.
11
The
division
either
authorizes
or
requires
a
school
board
12
and
its
certified
bargaining
representative
to
negotiate
13
various
matters
pursuant
to
Code
chapter
20.
14
The
division
makes
additional
conforming
changes.
15
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS.
The
division
16
takes
effect
upon
enactment.
17
The
division
applies
to
employment
contracts
of
school
18
employees
entered
into
pursuant
to
Code
chapter
279
on
and
19
after
the
effective
date
of
the
division.
The
division
does
20
not
apply
to
collective
bargaining
agreements
pursuant
to
Code
21
chapter
20
which
have
been
ratified
in
a
ratification
election,
22
for
which
an
arbitrator
has
made
a
final
determination,
or
23
which
have
become
effective,
where
such
events
occurred
before
24
the
effective
date
of
the
division.
The
division
applies
to
25
all
collective
bargaining
procedures
provided
for
in
Code
26
chapter
20
occurring
on
and
after
the
effective
date
of
the
27
division
and
collective
bargaining
agreements
pursuant
to
Code
28
chapter
20
for
which
a
ratification
election
is
held,
for
which
29
an
arbitrator
makes
a
final
determination,
or
which
become
30
effective
on
or
after
the
effective
date
of
the
division.
31
DIVISION
V
——
PERSONNEL
RECORDS
AND
SETTLEMENT
AGREEMENTS.
32
This
division
makes
changes
relating
to
public
employee
33
personnel
records
and
settlement
agreements.
34
PERSONNEL
RECORDS.
The
division
strikes
language
providing
35
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that
certain
information
relating
to
the
discipline,
1
resignation,
discharge,
or
demotion
of
a
public
employee
is
a
2
public
record
and
requiring
notice
to
affected
employees.
3
PERSONNEL
SETTLEMENT
AGREEMENTS.
The
division
also
strikes
4
language
prohibiting
a
personnel
settlement
agreement
between
5
the
state
and
a
state
executive
branch
employee
that
contains
6
confidentiality
or
nondisclosure
provisions
that
attempt
to
7
prevent
the
disclosure
of
the
agreement.
8
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS.
The
division
9
takes
effect
upon
enactment.
10
The
division
applies
to
requests
for
records
submitted
on
or
11
after
the
effective
date
of
the
division.
12
DIVISION
VI
——
CITY
CIVIL
SERVICE
REQUIREMENTS.
This
13
division
makes
a
variety
of
changes
relating
to
city
civil
14
service
requirements
under
Code
chapter
400.
15
SENIORITY
RIGHTS.
The
division
strikes
language
permitting
16
a
city
council
to
extinguish
statutory
seniority
rights
of
17
all
city
civil
service
employees
who
are
not
employed
or
18
appointed
as
a
fire
fighter
or
police
officer,
fire
chief
or
19
police
chief,
or
assistant
fire
chief
or
assistant
police
20
chief,
unless
otherwise
provided
in
a
collective
bargaining
21
agreement.
The
division
reestablishes
any
such
rights
so
22
extinguished,
including
accrual
of
seniority
during
the
period
23
of
extinguishment.
24
ADVERSE
EMPLOYMENT
ACTIONS
——
GROUNDS
AND
PROCEDURES.
The
25
division
provides
that
adverse
employment
action
may
be
taken
26
against
a
city
civil
service
employee
for
neglect
of
duty,
27
disobedience,
misconduct,
or
failure
to
properly
perform
the
28
person’s
duties.
The
division
strikes
language
permitting
29
such
action
to
be
taken
due
to
any
act
or
failure
to
act
by
30
the
employee
that
is
in
contravention
of
law,
city
policies,
31
or
standard
operating
procedures,
or
that
in
the
judgment
32
of
the
person
having
the
appointing
power
as
provided
in
33
this
Code
chapter,
or
the
chief
of
police
or
chief
of
the
34
fire
department,
is
sufficient
to
show
that
the
employee
is
35
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unsuitable
or
unfit
for
employment.
1
The
division
strikes
language
providing
that
the
scope
of
2
review
for
an
appeal
to
district
court
from
a
civil
service
3
commission
shall
be
limited
to
de
novo
appellate
review
without
4
a
trial
or
additional
evidence,
instead
providing
that
the
5
appeal
shall
be
a
trial
de
novo
as
an
equitable
action.
6
DIMINUTION
OF
EMPLOYEES.
The
division
provides
that
a
7
diminution
of
city
employees
by
a
city
council
can
only
be
8
implemented
when
the
public
interest
requires.
The
division
9
permits
a
diminution
to
be
carried
out
either
by
abolishing
10
an
office
and
removing
the
employee
from
the
employee’s
11
classification
or
grade
thereunder,
or
reducing
the
number
of
12
employees
in
any
classification
or
grade
by
suspending
the
13
necessary
number.
The
division
provides
for
such
removal
to
be
14
carried
out
based
on
seniority
and
requires
that
employees
so
15
removed
be
placed
on
a
preferred
list
for
at
least
three
years
16
for
purposes
of
appointments
or
promotions
made
during
that
17
period
to
the
person’s
former
duties.
18
MISCELLANEOUS
PROVISIONS.
The
division
makes
changes
in
19
terminology
relating
to
adverse
employment
actions
for
city
20
civil
service
employees.
21
The
division
makes
additional
conforming
changes.
22
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS.
The
division
23
takes
effect
upon
enactment.
24
The
division
applies
to
employment
actions
taken
on
or
after
25
the
effective
date
of
the
division.
26
DIVISION
VII
——
HEALTH
INSURANCE
MATTERS.
This
division
27
strikes
a
requirement
that
a
public
employer
offer
health
28
insurance
to
all
permanent,
full-time
public
employees
employed
29
by
the
public
employer.
30
EFFECTIVE
DATE.
The
division
takes
effect
upon
enactment.
31
DIVISION
VIII
——
FAMILY
AND
MEDICAL
LEAVE
INSURANCE.
This
32
division
relates
to
a
family
leave
and
medical
leave
insurance
33
program
(program),
administered
by
the
director
of
the
34
department
of
workforce
development,
that
provides
for
paid,
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job-protected
leave
for
certain
family
leave
and
medical
leave
1
reasons
for
eligible
employees
of
specified
employers.
2
An
employee
is
eligible
for
family
leave
and
medical
3
leave
after
working
for
a
covered
employer,
as
defined
in
4
the
division,
for
a
minimum
of
12
consecutive
months
and
a
5
minimum
of
1,250
hours
during
the
12
consecutive-month
period
6
immediately
preceding
the
employee’s
request
for
leave.
7
“Family
leave”
and
“medical
leave”
are
defined
in
the
division.
8
Family
leave
includes
leave
to
care
for
an
immediate
family
9
member
with
a
serious
health
condition,
to
bond
with
a
newborn
10
child
or
adopted
or
foster
child,
or
for
a
qualifying
exigency
11
for
a
family
member
as
permitted
under
the
federal
Family
12
and
Medical
Leave
Act
of
1993,
as
amended
(FMLA).
Medical
13
leave
includes
leave
due
to
the
employee’s
own
serious
health
14
condition.
“Serious
health
condition”
is
defined
in
the
15
division.
16
The
division
provides
that
an
eligible
employee
may
not
17
receive
more
than
12
weeks
of
family
leave,
12
weeks
of
medical
18
leave,
or
16
weeks
of
combined
family
and
medical
leave
in
a
19
defined
consecutive
12-month
period.
The
defined
consecutive
20
12-month
period
begins
on
the
date
of
the
birth
of
a
child
21
or
placement
of
a
child
for
adoption
or
foster
care
with
an
22
eligible
employee,
or
on
the
first
date
that
an
eligible
23
employee
takes
either
family
leave
or
medical
leave.
The
24
minimum
duration
of
leave
an
eligible
employee
may
take
is
25
eight
consecutive
hours.
26
The
division
disqualifies
an
employee
from
family
leave
and
27
medical
leave
benefits
under
circumstances
detailed
in
the
28
division.
29
An
employee
must
provide
a
minimum
of
30
days’
notice
30
to
an
employer
of
the
employee’s
intent
to
take
leave.
If
31
circumstances
require
an
employee’s
leave
to
begin
in
less
32
than
30
days,
the
employee
must
give
as
much
notice
as
is
33
practicable.
If
an
eligible
employee
requests
medical
leave
34
or
family
leave,
the
employee
must
make
a
reasonable
effort
to
35
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schedule
their
own,
or
their
family
member’s
medical
treatment,
1
to
not
unduly
disrupt
the
employer’s
operations.
2
The
division
requires
an
eligible
employee
to
file
a
claim
3
for
benefits
as
required
by
the
director.
The
employee
4
must
consent
to
the
disclosure
of
private
or
confidential
5
information
to
and
from
the
department,
and
the
employee’s
6
employer,
for
administration
of
the
leave.
The
division
7
specifies
that
such
information
is
not
a
public
record
pursuant
8
to
Code
section
22.1.
The
employee
must
attest
that
the
9
employee
has
provided
notice
of
intent
to
take
leave
to
the
10
employee’s
employer.
The
employee
must
also
authorize
the
11
employee’s,
or
the
employee’s
family
member’s
health
care
12
provider,
to
complete
a
certification
of
a
serious
health
13
condition.
14
The
division
provides
for
a
seven-day
waiting
period
before
15
benefits
are
payable.
There
is
no
waiting
period
for
benefits
16
for
leave
for
the
birth
of
a
child
or
placement
of
a
child
for
17
adoption
or
foster
care.
18
The
basis
for
the
calculation
of
the
amount
of
a
family
19
leave
or
medical
leave
benefit
is
an
eligible
employee’s
weekly
20
earnings
as
defined
in
the
division.
The
weekly
leave
benefit
21
amount
payable
to
an
employee
is
detailed
in
the
division.
22
The
department
must
send
the
first
benefit
payment
to
an
23
eligible
employee
within
10
days
after
a
properly
completed
24
weekly
claim
for
benefits
is
received
by
the
department.
If
25
the
employee
continues
to
submit
a
properly
completed
weekly
26
claim,
subsequent
payments
are
to
be
made
at
least
biweekly.
27
If
an
employer,
or
the
department,
contests
an
employee’s
28
eligibility,
benefit
payments
may
be
made
on
a
conditional
29
basis.
The
employee
is
required
to
pay
the
benefits
back
if
30
the
department
later
rules
that
the
employee
is
ineligible
for
31
the
benefits.
32
The
division
provides
that
the
program
shall
be
funded
via
33
employee
and
employer
contributions.
Beginning
on
January
1,
34
2024,
and
ending
on
December
31,
2025,
the
department
must
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assess
a
covered
employer
a
premium
rate
of
four-tenths
of
one
1
percent
of
an
employee’s
weekly
wages,
subject
to
a
maximum
as
2
determined
by
the
director
based
on
the
maximum
wages
subject
3
to
taxation
for
social
security.
One-third
of
the
premium
4
is
to
be
used
to
fund
family
leave
insurance
benefits
and
5
two-thirds
of
the
premium
is
to
be
used
to
fund
medical
leave
6
benefits.
A
covered
employer
may
deduct
up
to
45
percent
of
7
the
medical
leave
premium
and
45
percent
of
the
family
leave
8
premium
from
an
employee’s
wage.
The
employer
must
pay
the
9
remaining
55
percent
of
both
the
medical
leave
and
family
10
leave
premiums,
and
may
elect
to
pay
all
or
any
portion
of
its
11
employees’
share
of
such
premiums.
Beginning
January
1,
2026,
12
the
premium
rate
shall
be
calculated
by
the
director
based
on
13
the
family
leave
and
medical
leave
insurance
account
balance
14
ratio
as
of
September
30
of
the
previous
calendar
year.
The
15
premium
rate
is
adjusted
based
on
the
balance
ratio
as
detailed
16
in
the
division.
17
On
September
30
of
each
year,
the
division
requires
the
18
department
to
average
the
number
of
employees
reported
by
an
19
employer
over
the
last
four
completed
calendar
quarters
to
20
determine
if
the
employer
is
a
covered
employer
for
the
next
21
calendar
year.
22
The
division
requires
a
covered
employer
to
collect
all
23
assessed
premiums
and
surcharges
from
the
employer’s
employees
24
through
payroll
deduction
and
to
remit
all
premiums
to
the
25
department
as
required
by
the
director.
26
An
employer
may
apply
for,
and
the
director
must
grant,
a
27
waiver
of
premiums
for
an
employee
who
is
located
physically
28
outside
of
the
state
and
not
expected
to
work
in
the
state
for
29
1,250
or
more
hours
in
any
consecutive
12-month
period.
If
30
the
employee
subsequently
works
1,250
or
more
hours
within
31
the
state,
the
employer
and
employee
are
responsible
for
all
32
premiums
that
should
have
been
collected.
33
Self-employed
persons
may
elect
to
participate
in
the
34
program
as
detailed
in
the
division.
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An
eligible
employee
who
takes
family
leave
or
medical
leave
1
is
entitled
to
restoration
of
employment
equal
to
but
not
2
greater
than
that
provided
by
FMLA.
The
division
provides
that
3
if
required
under
FMLA,
an
employer
must
maintain
any
existing
4
health
benefits
during
an
employee’s
leave.
If
the
employer
5
and
employee
normally
share
the
cost
of
such,
the
employee
is
6
responsible
for
paying
the
employee’s
share
of
the
costs.
7
A
covered
employer
must
submit
reports
as
required
by
the
8
director
and
maintain
employment
records
for
each
employee
9
from
which
the
director
may
obtain
information
related
to
an
10
employee’s
leave.
Such
records
must
be
maintained
for
10
11
years.
12
The
division
provides
that
family
leave
or
medical
leave
13
shall
be
in
addition
to
leave
required
under
state
or
federal
14
law
for
sickness
or
temporary
disability
due
to
pregnancy
or
15
childbirth.
The
division
requires
family
leave
or
medical
16
leave
taken
under
this
program
to
be
taken
concurrently
with
17
leave
taken
under
FMLA.
A
covered
employer
may
allow
an
18
employee
to
choose
to
use
either
accrued
sick
or
vacation
19
benefits,
or
family
leave
and
medical
leave
benefits.
An
20
employee
cannot
receive
family
or
medical
leave
benefits
at
21
the
same
time
the
employee
is
receiving
state
or
federal
22
unemployment,
workers’
compensation,
or
disability
benefits.
23
The
division
prohibits
discrimination
on
the
basis
of
any
state
24
or
federally
protected
category.
25
The
division
requires
the
director
to
administer
the
program
26
and
to
provide
outreach
to
ensure
that
employers
and
employees
27
are
aware
of
the
program
and
the
benefits
available
under
such.
28
The
division
provides
that
a
family
leave
and
medical
leave
29
insurance
account
shall
be
created
in
the
custody
of
the
30
treasurer
of
state.
The
director
shall
deposit
all
premiums
31
collected
from
employers
into
such
account
and
the
account
can
32
only
be
used
for
the
program
as
authorized
by
the
director.
33
The
division
requires
the
director
to
adopt
rules
as
34
necessary
to
implement
and
administer
the
provisions
of
35
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the
division.
The
director
may
take
any
action
under
the
1
director’s
authority
to
enforce
compliance
with
the
division.
2
Code
section
84A.1(1)
is
amended
to
require
the
department
3
of
workforce
development
to
administer
the
laws
relating
to
the
4
program.
5
The
director
is
required
to
analyze
the
funding
of
the
6
program
and
the
benefits
payable
from
the
program’s
account.
7
The
director
shall
determine
if
the
premium
rates
and
the
8
benefit
levels
are
appropriate
to
fully
fund
and
maintain
the
9
solvency
of
the
program.
The
director
must
submit
the
findings
10
to
the
general
assembly
no
later
than
January
14,
2022.
11
DIVISION
IX
——
INFECTIOUS
DISEASE
EMERGENCY
RESPONSE.
This
12
division
requires
the
labor
commissioner
to
provide
for
a
13
temporary
emergency
standard
under
Code
chapter
88,
the
state
14
occupational
safety
and
health
law,
if
the
federal
secretary
15
of
labor
provides
for
a
federal
occupational
safety
and
16
health
standard,
including
an
emergency
temporary
standard,
17
or
provides
any
other
guideline
or
recommendation,
relating
18
to
an
infectious
disease
that
is
the
subject
of
a
period
of
19
infectious
disease
emergency,
as
defined
in
the
division.
The
20
emergency
standards
must
include
a
requirement
for
employers
21
to
provide
employees
with
personal
protective
equipment
and
22
sanitizing
liquid
at
no
cost
and
a
requirement
for
employers
23
to
notify
employees
of
confirmed
positive
cases
of
the
disease
24
within
24
hours.
The
division
requires
the
commissioner
to
25
initiate
procedures
for
promulgating
a
permanent
standard
26
within
one
month
if
the
period
remains
in
effect.
27
The
division
requires
the
labor
services
division
of
the
28
department
of
workforce
development
to
respond
to
any
complaint
29
of
a
violation
of
Code
chapter
88
during
a
period
of
infectious
30
disease
emergency
that
pertains
to
the
infectious
disease
31
within
24
hours
of
receiving
the
complaint.
The
division
32
provides
procedures
for
responding
to
such
complaints
and
33
carrying
out
related
investigations.
34
Violations
of
Code
chapter
88
are
subject
to
civil
penalties
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in
amounts
not
to
exceed
maximum
amounts
set
by
federal
1
law.
Any
employer
who
willfully
violates
any
standard,
rule,
2
or
order
promulgated
pursuant
to
Code
section
88.5,
or
of
3
any
regulations
prescribed
pursuant
to
Code
chapter
88,
if
4
the
violation
caused
death
to
any
employee,
is
guilty
of
a
5
serious
misdemeanor
for
a
first
conviction
and
an
aggravated
6
misdemeanor
for
a
subsequent
conviction.
A
serious
misdemeanor
7
is
punishable
by
confinement
for
no
more
than
one
year
and
a
8
fine
of
at
least
$430
but
not
more
than
$2,560.
An
aggravated
9
misdemeanor
is
punishable
by
confinement
for
no
more
than
two
10
years
and
a
fine
of
at
least
$855
but
not
more
than
$8,540.
11
DIVISION
X
——
COVID-19
RELATED
LIABILITY.
This
division
12
enacts
Code
chapter
686E,
which
provides
standards
for
civil
13
liability
relating
to
COVID-19.
14
The
division
provides
that
a
person
shall
not
bring
or
15
maintain
a
civil
action
alleging
exposure
or
potential
exposure
16
to
COVID-19
unless
the
civil
action
relates
to
a
minimum
17
medical
condition,
involves
an
act
that
was
intended
to
cause
18
harm,
or
involves
an
act
that
constitutes
actual
malice.
19
The
division
provides
that
a
person
in
Iowa
shall
not
be
20
held
liable
for
civil
damages
for
any
injuries
sustained
from
21
exposure
or
potential
exposure
to
COVID-19
if
the
act
or
22
omission
alleged
to
violate
a
duty
of
care
was
in
substantial
23
compliance
or
was
consistent
with
any
federal
or
state
statute,
24
regulation,
order,
or
public
health
guidance
related
to
25
COVID-19
that
was
applicable
to
the
person
or
activity
at
issue
26
at
the
time
of
the
alleged
exposure
or
potential
exposure.
27
The
division
provides
standards
for
civil
liability
relating
28
to
COVID-19
for
premises
owners;
health
care
providers;
and
29
persons
who
design,
manufacture,
label,
sell,
distribute,
or
30
donate
certain
materials
relating
to
COVID-19.
31
The
division
shall
not
be
construed
to
affect
the
rights
or
32
limits
under
state
law
on
workers’
compensation.
33
Code
chapter
686E
is
repealed
December
31,
2022.
34
The
division
repeals
Code
chapter
686D,
which
provides
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standards
for
civil
liability
relating
to
COVID-19
for
premises
1
owners;
health
care
providers;
persons
who
design,
manufacture,
2
label,
sell,
distribute,
or
donate
certain
materials
relating
3
to
COVID-19;
and
persons
generally.
4
The
division
takes
effect
upon
enactment
and
applies
5
retroactively
to
January
1,
2020.
6
Division
XI
——
CONTRACTOR
COLLECTIVE
BARGAINING.
7
This
division
provides
collective
bargaining
procedures
8
for
contractors
under
new
Code
chapter
20A.
Applicable
9
rights,
procedures,
penalties,
and
remedies
for
contractors,
10
employers
for
whom
contractors
perform
labor
under
contract,
11
and
contractor
organizations
are
similar
to
those
provided
for
12
public
employees,
public
employers,
and
employee
organizations
13
under
Code
chapter
20.
Code
chapter
20A
will
be
interpreted,
14
applied,
and
administered
by
the
PERB.
15
The
division
defines
“contractor”
as
a
natural
person
who
16
performs
labor
in
Iowa
to
whom
a
payor
of
income
makes
payments
17
which
are
not
subject
to
withholding
and
for
whom
the
payor
of
18
income
is
required
by
the
internal
revenue
service
to
complete
19
a
form.
“Contractor”
includes
a
marketplace
contractor
under
20
Code
chapter
93
and
a
subcontractor.
21
The
division
defines
“employer”
as
a
person,
as
defined
in
22
Code
chapter
4,
for
whom
a
contractor
performs
labor
under
23
contract.
24
The
division
defines
“contractor
organization”
as
an
25
organization
of
any
kind
in
which
contractors
participate
26
and
which
exists
for
the
primary
purpose
of
representing
27
contractors
in
their
relations
with
employers.
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