HSB 738 (LSB 6355YC (4) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON KAUFMANN)

A BILL FOR

An Act relating to law enforcement, including the enforcement of state, local, and municipal laws at regents institutions, personal injury or illness of a peace officer employed by a regents institution, the revocation or suspension of a law enforcement officer’s or reserve peace officer’s certification, administrative investigations under the peace officer, public safety, and emergency personnel bill of rights, and communications in professional confidence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
ENFORCEMENT OF STATE, LOCAL, AND MUNICIPAL LAWS

    Section 1.  Section 27B.1, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  “Regents institution” means the state university of Iowa, Iowa state university of science and technology, or the university of northern Iowa. “Regents institution” includes an appointed official, officer, or employee of a division, department, or other body that is part of a regents institution, including but not limited to the department of public safety, human resources, or general counsel.
    Sec. 2.  Section 27B.2, Code 2024, is amended to read as follows:
   27B.2  Restriction on enforcement of state, local, and municipal law prohibited.
   A local entity, regents institution, or law enforcement department shall not adopt or enforce a policy or take any other action under which the local entity, regents institution, or law enforcement department prohibits or discourages the enforcement of state, local, or municipal laws.
    Sec. 3.  Section 27B.4, Code 2024, is amended to read as follows:
   27B.4  Complaints —— notification —— civil action.
   1.  Any person may file a complaint with the attorney general alleging that a local entity or regents institution has violated or is violating this chapter if the person offers evidence to support such an allegation. The person shall include with the complaint any evidence the person has in support of the complaint. 
   2.  The attorney general shall review the complaint and any evidence in support of the complaint.  A local entity or regents institution for which the attorney general has received a complaint pursuant to this section shall comply with any reasonable document requests, including a request for supporting documents, from the attorney general relating to the complaint. The attorney general shall maintain the confidentiality of all information and records of a local entity or regents institution produced in response to a document request relating to the complaint unless otherwise provided by law or a court order.
   3.  A complaint filed pursuant to subsection 1 shall not be valid unless the attorney general determines that a violation of this chapter by a local entity or regents institution was intentional or in reckless disregard for public safety.
   4.  If the attorney general determines that a complaint filed pursuant to this section against a local entity or regents institution is valid, the attorney general, not later than ten days after the date of such a determination, shall provide written notification to the local entity or regents institution by certified mail, with return receipt requested, stating all of the following: 
   a.  A complaint pursuant to this section has been filed and the grounds for the complaint. 
   b.  The attorney general has determined that the complaint is valid.
   c.  The attorney general is authorized to file a civil action in district court pursuant to subsection 6 to enjoin a violation of this chapter no later than forty days after the date on which the notification is received if the local entity or regents institution does not come into compliance with the requirements of this chapter. 
   d.  The local entity or regents institution and any entity that is under the jurisdiction of the local entity or regents institution will be denied state funds pursuant to section 27B.5 for the state fiscal year following the year in which a final judicial determination in a civil action brought under this section is made. 
   5.  No later than thirty days after the date on which a local entity or regents institution receives written notification under subsection 4, the local entity or regents institution shall provide the attorney general with all of the following: 
   a.  Copies of all of the local entity’s or regents institution’s written policies relating to the complaint. 
   b.  A description of all actions the local entity or regents institution has taken or will take to correct any violations of this chapter.
   c.  If applicable, any evidence that would refute the allegations made in the complaint.
   6.  No later than forty days after the date on which the notification pursuant to subsection 4 is received, the attorney general shall file a civil action in district court to enjoin any ongoing violation of this chapter by a local entity or regents institution. 
   7.  The district court shall have jurisdiction over an action brought pursuant to this section. The attorney general shall have the burden of proof by a preponderance of the evidence to establish a violation of this chapter.
    Sec. 4.  Section 27B.6, subsections 1, 2, and 5, Code 2024, are amended to read as follows:
   1.  Except as provided by subsection 5, no earlier than ninety days after the date of a final judicial determination that a local entity or regents institution has intentionally violated the provisions of this chapter, the local entity or regents institution may petition the district court that heard the civil action brought pursuant to section 27B.4, subsection 6, to seek a declaratory judgment that the local entity or regents institution is in full compliance with this chapter. 
   2.  A local entity or regents institution that petitions the court as described by subsection 1 shall comply with any document requests, including a request for supporting documents, from the attorney general relating to the action. 
   5.  A local entity or regents institution may petition the court as described in subsection 1 before the date provided in subsection 1 if the person who was the director or other chief officer of the local entity or regents institution at the time of the violation of this chapter is subsequently removed from or otherwise leaves office or employment. 
    Sec. 5.  NEW SECTION.  27B.8  Good-faith complaint —— no retaliation.
   A local entity or regents institution shall not blacklist or retaliate against an employee or official who makes a good-faith complaint under this chapter or who gives a statement or testimony in proceedings related to the complaint or action. A local entity or regents institution that retaliates against an employee who makes a good-faith complaint under this chapter is liable to an aggrieved employee for affirmative relief including reinstatement, civil damages, and any other equitable relief the court deems appropriate, including attorney fees and costs.
DIVISION II
PERSONAL INJURY OR ILLNESS —— PEACE OFFICERS AT REGENTS INSTITUTIONS

    Sec. 6.  NEW SECTION.  262.13A  Peace officers —— personal injury or illness.
   A regents institution employing a peace officer who sustains a personal injury or illness that arises out of and in the course of employment shall not remove, discharge, involuntarily transfer, or take adverse employment action against the peace officer due to temporary or permanent restrictions that limit or prohibit the peace officer from working special events, overtime, or a specific shift provided the peace officer is able to work any regular shift with or without reasonable accommodations.
DIVISION III
IOWA LAW ENFORCEMENT ACADEMY —— REVOCATION OR SUSPENSION OF CERTIFICATION

    Sec. 7.  Section 80B.13A, subsection 1, paragraphs a and b, Code 2024, are amended to read as follows:
   a.  “Final” means that all appeals through a grievance procedure, civil service action, or other cause of action or procedure available to the officer or civil service have been exhausted.
   b.  “Serious misconduct” means improper or illegal actions taken by a law enforcement officer or reserve peace officer in connection with the officer’s official duties including but not limited to a conviction for a felony, fabrication of evidence, repeated use of excessive force in violation of law, acceptance of a bribe, or the commission of fraud.
    Sec. 8.  Section 80B.13A, subsection 2, paragraph c, Code 2024, is amended to read as follows:
   c.  Left, Knowingly left or voluntarily quit, or been laid off when the officer was notified of a disciplinary investigation or action was imminent or pending which could that would have resulted in the law enforcement officer being discharged or the reserve peace officer being removed for serious misconduct, if the council determines that the officer engaged in serious misconduct.
    Sec. 9.  Section 80B.13A, subsection 3, unnumbered paragraph 1, Code 2024, is amended to read as follows:
   The council may revoke or suspend the certification of a law enforcement officer or reserve peace officer and may publicly or privately reprimand a law enforcement officer, reserve peace officer, or employing agency due to any of the following:
    Sec. 10.  Section 80B.13A, Code 2024, is amended by adding the following new subsections:
   NEW SUBSECTION.  3A.  A decision of the council to revoke the certification of a law enforcement officer or reserve peace officer, to suspend a law enforcement officer or reserve peace officer’s certification, or any other action against an officer or employing agency shall be made by a majority vote of the council.
   NEW SUBSECTION.  4A.  An action for revocation or suspension of the certification of a law enforcement officer or reserve peace officer shall not be maintained by the council unless the action is commenced within one hundred eighty days from the date the law enforcement officer or reserve peace officer has exhausted all actions, appeals, or procedures available to the officer.
    Sec. 11.  Section 80B.13A, subsection 4, Code 2024, is amended to read as follows:
   4.  a.  An employing agency shall notify the council within ten days of any termination of employment of a law enforcement officer or appointment as a reserve peace officer. The notification must state whether the law enforcement officer or reserve peace officer was discharged or removed for serious misconduct, or whether the officer left, voluntarily quit, or was laid off when was notified of a disciplinary investigation or action was imminent or pending which could that would have resulted in the officer being discharged or removed for serious misconduct, whether the officer left or voluntarily quit, and whether the action taken by the agency is final.
   b.  If after the employing agency submits a notification under this subsection, the law enforcement officer or reserve peace officer exercises any right to hold the decision of an employing agency in abeyance, appeals, grieves, brings a cause of action under section 80F.1, subsection 13, or contests the officer’s termination as provided by law, the employing agency shall notify the council in writing within ten days of the filing of such action by the officer.
   c.  Upon request by the council, the employing agency shall provide any additional information or documentation about the officer including confidential records or information under section 22.7 or other applicable law to the council.
DIVISION IV
PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL OF RIGHTS —— ADMINISTRATIVE INVESTIGATIONS

    Sec. 12.  Section 80F.1, subsection 1, paragraphs c, e, and f, Code 2024, are amended to read as follows:
   c.  “Formal administrative investigation” means an investigative process ordered by a commanding officer of an agency or commander’s designee during which the investigation and questioning of an officer is intended to gather evidence to determine the merit of a complaint, which may be the basis for administrative charges seeking the removal, discharge, or suspension, or other disciplinary action against the officer.
   e.  “Interview” means the questioning of an officer who is the subject of a complaint pursuant to the formal administrative investigation procedures of the investigating agency, if such a complaint may be the basis for seeking removal, discharge, or suspension, or other disciplinary action against the officer. “Interview” does not include questioning as part of any informal inquiry or questioning related to minor infractions of agency rules which will not result in removal, discharge, suspension, or other disciplinary action against the officer.  An interview conducted under this section shall not be construed to be a hearing.
   f.  “Officer” means a certified law enforcement officer, fire fighter, emergency medical technician, paramedic, medical provider, corrections officer, detention officer, jailer, probation or parole officer, communications officer public safety telecommunicator, dispatcher, or any other law enforcement officer certified in training or whose certification is governed by the Iowa law enforcement academy, and who is employed by a municipality, county, or state agency.
    Sec. 13.  Section 80F.1, subsections 5 and 13, Code 2024, are amended to read as follows:
   5.  a.  An officer who is the subject of a complaint, shall at a minimum, be provided a written summary of the complaint prior to an interview. If a collective bargaining agreement applies, the complaint or written summary shall be provided pursuant to the procedures established under the collective bargaining agreement. If the complaint alleges domestic abuse, sexual abuse, workplace harassment, or sexual harassment, an officer shall not receive more than a written summary of the complaint.
   b.  Upon written request of the officer or the officer’s legal counsel, the employing agency shall provide to the officer or the officer’s legal counsel a complete copy of the officer’s incident report and the officer’s video or audio recordings from the incident giving rise to the complaint without unnecessary delay prior to an interview of the officer. Nothing in this paragraph shall be construed to constitute a disclosure of public records. The employing agency shall not charge the officer, officer’s legal counsel, or employee representative a fee for providing the reports and recordings required by this subsection.
   13.  An officer shall have the right to bring a cause of action against any person, group of persons, organization, or corporation for damages arising from the filing of a false complaint against the officer or any other violation of this chapter including but not limited to actual damages, court costs, and reasonable attorney fees.  The clerk of the district court shall collect a filing fee of one hundred fifty dollars for the filing of an action under this subsection.
DIVISION V
COMMUNICATIONS IN PROFESSIONAL CONFIDENCE

    Sec. 14.  Section 622.10, subsection 9, paragraph a, Code 2024, is amended to read as follows:
   a.  A peer support group counselor or individual present for a individual or group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency, emergency management agency, emergency medical services agency, or fire department by reason of the counselor’s capacity as a peer support group counselor or an individual’s presence for a group crisis intervention shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the counselor or individual present for a group crisis intervention by the officer or civilian employee while receiving counseling or group crisis intervention, including in giving testimony.
    Sec. 15.  Section 622.10, subsection 9, paragraph c, subparagraphs (1) and (2), Code 2024, are amended to read as follows:
   (1)  “Officer” means a certified law enforcement officer, fire fighter, emergency medical technician or medical provider, paramedic, corrections officer, detention officer, jailer, probation or parole officer, communications officer public safety telecommunicator, dispatcher, emergency management coordinator under chapter 29C, or any other law enforcement officer certified by the Iowa law enforcement academy and employed by a city, county, or state agency.
   (2)  “Peer support group counselor” “Peer support counselor” means a law enforcement officer, fire fighter, civilian employee of a law enforcement agency or fire department, or a nonemployee counselor who has been designated as a peer support group counselor by a sheriff, police chief, fire chief, or department head of a law enforcement agency, fire department, or emergency medical services agency, and who has received training to provide emotional and moral support and counseling to an officer or group who needs those services as a result of an incident in which the officer or group was involved while acting in the officer’s or group’s official capacity.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to law enforcement, including the enforcement of state, local, and municipal laws at regents institutions, personal injury or illness of a peace officer employed by a regents institution, the revocation or suspension of a law enforcement officer’s or reserve peace officer’s certification, administrative investigations under the peace officer, public safety, and emergency personnel bill of rights, and communications made in professional confidence. The bill is organized by divisions.
   DIVISION I —— ENFORCEMENT OF STATE, LOCAL, AND MUNICIPAL LAWS (CODE CHAPTER 27B). The bill defines “regents institution” for purposes of the bill as the state university of Iowa, Iowa state university of science and technology, or the university of northern Iowa, and includes an appointed official, officer, or employee of a division, department, or other body that is part of a regents institution, including but not limited to the department of public safety, human resources, or general counsel.
   The bill amends current law relating to restrictions on the enforcement of state, local, and municipal laws by a local entity or law enforcement department to include a regents institution. The bill provides that a regents institution shall not adopt or enforce a policy or take any other action under which the regents institution prohibits or discourages the enforcement of state, local, or municipal laws.
   The bill amends current law to provide that any person may file a complaint with the attorney general alleging that a regents institution has violated the provisions of Code chapter 27B relating to the enforcement of state, local, or municipal laws. The attorney general shall review the complaint and any evidence in support of the allegation.
   The bill provides that a local entity or regents institution for which the attorney general has received a complaint shall comply with any reasonable document requests. The attorney general will maintain the confidentiality of a local entity’s or regents institution’s records produced in response to a document request. A complaint shall not be valid unless the attorney general determines that a violation by a local entity or regents institution was intentional or in reckless disregard for public safety. 
   Current law provides that if the attorney general determines that a complaint against a local entity is valid, written notification shall be provided to the local entity. Within 30 days, the local entity shall provide the attorney general with the following: copies of all of the local entity’s written policies relating to the complaint, a description of all actions the local entity has taken or will take to correct any violations, and any evidence that would refute the allegations made in the complaint. The attorney general shall file a civil action in district court to enjoin any ongoing violation of Code chapter 27B by a local entity. No earlier than 90 days after a final judicial determination that a local entity has intentionally prohibited or discouraged the enforcement of state, local, or municipal laws, the local entity may petition the district court to seek a declaratory judgment that the local entity is in compliance with Code chapter 27B. A local entity will be denied state funds for the state fiscal year in which a judicial determination in a civil action is made. The bill makes all of these provisions applicable to regents institutions.
   The bill provides that the district court shall have jurisdiction in all actions brought under Code chapter 27B, and the attorney general has the burden of proof by a preponderance of the evidence to prove violations of the Code chapter.
   The bill provides that a local entity or regents institution shall not blacklist or retaliate against an employee or official who makes a good-faith complaint or who gives a statement or testimony in proceedings related to the complaint or action. A local entity or regents institution that retaliates against an employee who makes a good-faith complaint is liable to an aggrieved employee for affirmative relief including reinstatement, civil damages, and any other equitable relief the court deems appropriate, including attorney fees and costs.
   DIVISION II —— PERSONAL INJURY OR ILLNESS —— PEACE OFFICERS AT REGENTS INSTITUTIONS. The bill provides that a regents institution employing a peace officer who sustains a personal injury or illness that arises out of and in the course of employment shall not remove, discharge, involuntarily transfer, or take adverse employment action against the peace officer due to temporary or permanent restrictions that limit or prohibit the peace officer from working special events, overtime, or a specific shift provided the peace officer is able to work any regular shift with or without reasonable accommodations.
   DIVISION III —— IOWA LAW ENFORCEMENT ACADEMY —— REVOCATION OR SUSPENSION OF CERTIFICATION. The bill provides that a “final” decision for purposes of the revocation or suspension of the certification of a law enforcement officer or peace officer by the council means that all appeals through a grievance procedure, civil service action, or other action or procedure available to the officer have been exhausted, and “serious misconduct” includes the repeated use of excessive force in violation of law.
   The bill provides that the council shall revoke the certification of a law enforcement officer or reserve peace officer upon a finding that the law enforcement officer or reserve peace officer knowingly left or voluntarily quit when the officer was notified of a disciplinary investigation or action that would have resulted in the law enforcement officer being discharged or the reserve peace officer being removed for serious misconduct, if the council determines that the officer engaged in serious misconduct.
   The bill provides that the council may revoke or suspend the certification of a law enforcement officer or reserve peace officer and may publicly or privately reprimand a law enforcement officer, reserve peace officer, or employing agency due to any of the following: a violation of any rules authorized and adopted by the council; when an employing agency recommends to the council that revocation or suspension would be appropriate; or when the attorney general recommends that revocation or suspension would be appropriate.
   The bill amends current law to provide that notification of the council by an employing agency of any termination of employment of a law enforcement officer or appointment as a reserve peace officer must state whether the law enforcement officer or reserve peace officer was discharged or removed for serious misconduct, whether the officer was notified of a disciplinary investigation or action that would have resulted in the officer being discharged or removed for serious misconduct, whether the officer left or voluntarily quit, and whether the action taken by the agency is final.
   The bill provides that if a law enforcement officer or reserve peace officer exercises any right to hold the decision of an employing agency in abeyance, appeals, grieves, brings a cause of action under Code section 80F.1(13), or contests the officer’s termination, the employing agency shall notify the council in writing within 10 days of the filing of such action by the officer.
   The bill provides that a decision of the council to revoke the certification of a law enforcement officer or reserve peace officer, to suspend the certification of a law enforcement officer or reserve peace officer, or any other action against an officer or employing agency shall be made by a majority vote of the council. An action for revocation or suspension of the certification of a law enforcement officer or reserve peace officer shall not be maintained by the council unless the action is commenced within 180 days from the date the council was notified of the grounds for the revocation or suspension.
   DIVISION IV —— PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL OF RIGHTS. The bill amends the definition of “formal administrative investigation”, in relation to formal administrative investigations of officers, to include an investigative process ordered by a commanding officer of an agency or commander’s designee during which the investigation and questioning of an officer is intended to gather evidence to determine the merit of a complaint filed against the officer. The bill amends the definition of “officer” to include a paramedic, a medical provider, a public safety telecommunicator, a dispatcher, and any other law enforcement officer in training or whose certification is governed by the Iowa law enforcement academy, and employed by a municipality, county, or state agency. The bill provides that an “interview” shall not be considered a hearing.
   The bill provides that upon written request of an officer or an officer’s legal counsel, the employing agency shall provide, without charging a fee, to the officer or the officer’s legal counsel a complete copy of the officer’s incident report and the officer’s video or audio recordings from the incident giving rise to the complaint without unnecessary delay prior to an interview of the officer. The bill provides that the provision of the report and audio and video recordings shall not be construed to constitute a disclosure of public records.
   The bill provides that the clerk of the district court shall charge a $150 filing fee for a cause of action arising from the filing of a false complaint against an officer.
   DIVISION V —— COMMUNICATIONS IN PROFESSIONAL CONFIDENCE. The bill provides that a peer support counselor or individual present for individual or group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency, emergency management agency, emergency medical services agency, or fire department by reason of the counselor’s capacity as a peer support group counselor or an individual’s presence for a group crisis intervention shall not be allowed to disclose any confidential communication properly entrusted to the counselor or individual present for a group crisis intervention by the officer or civilian employee while receiving counseling or group crisis intervention, including in giving testimony.