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Senate File 342 - EnrolledAn Actrelating to public records and communications in
professional confidence; uniform commercial code filings;
qualified immunity; peace officer health plans and workers’
compensation; certain law enforcement matters; criminal laws
involving public disorder, assaults, and harassment; civil
liability for certain vehicle operators; window tinting;
acts on certain highways; and civil service commission
examinations; providing penalties, and including effective
date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
PUBLIC RECORDS — COMMUNICATIONS IN PROFESSIONAL CONFIDENCE
Section 1. Section 9E.1, Code 2021, is amended to read as
follows:
-1- 9E.1 Purpose.
The general assembly finds that individuals attempting to
escape from actual or threatened domestic abuse, domestic
abuse assault, sexual abuse, assault, stalking, or human
trafficking frequently establish new addresses in order to
prevent their assailants or probable assailants from finding
them. The purpose of this chapter is to enable state and local
agencies to respond to requests for data without disclosing
the location of a victim of domestic abuse, domestic abuse
assault, sexual abuse, assault, stalking, or human trafficking;
to enable interagency cooperation with the secretary of state
in providing address confidentiality for victims of domestic
abuse, domestic abuse assault, sexual abuse, assault, stalking,
or human trafficking; and to enable program participants to use
an address designated by the secretary of state as a substitute
mailing address for the purposes specified in this chapter.
In addition, the purpose of this chapter is to prevent such
victims from being physically located through a public records
search.
Sec. 2. Section 9E.2, subsection 6, paragraph a, Code 2021,
is amended to read as follows:
a. “Eligible person” means a person who is all a resident of
this state, an adult, a minor, or an incapacitated person as
defined in section 633.701, and is one of the following:
(1) A resident of this state.
(2) An adult, a minor, or an incapacitated person as defined
in section 633.701.
(3) A victim of domestic abuse, domestic abuse assault,
sexual abuse, assault, stalking, or human trafficking as
evidenced by the filing of a petition pursuant to section 236.3
or a criminal complaint or information pursuant to section
708.1, 708.2A, 708.11, or 710A.2, or any violation contained
in chapter 709.
(2) A currently active or retired state or local judicial
officer, as defined in section 4.1, a federal judge, or a
-2-spouse or child of such a person.
(3) A currently active or retired state or local prosecuting
attorney, as defined in section 801.4, or a spouse or child of
such a person.
(4) A currently active or retired peace officer, as defined
in section 801.4, civilian employee of a law enforcement
agency, or a spouse or child of such a person.
Sec. 3. Section 9E.3, subsection 1, paragraph b,
subparagraph (1), subparagraph division (a), Code 2021, is
amended to read as follows:
(a) The eligible person listed on the application is a
victim of domestic abuse, domestic abuse assault, sexual abuse,
assault, stalking, or human trafficking.
Sec. 4. Section 9E.3, subsection 1, paragraph e, Code 2021,
is amended to read as follows:
e. The residential address of the eligible person,
disclosure of which could lead to an increased risk of domestic
abuse, domestic abuse assault, sexual abuse, assault, stalking,
or human trafficking.
Sec. 5. Section 9E.7, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 4A. Upon request by a program participant,
the assessor or the assessor’s staff shall redact the
requestor’s name contained in electronic documents that
are displayed for public access through an internet site.
The assessor shall implement and maintain a process to
facilitate these requests. A fee shall not be charged for the
administration of this paragraph.
Sec. 6. Section 22.10, subsection 3, paragraph b,
subparagraph (2), Code 2021, is amended to read as follows:
(2) Had good reason to believe and in good faith believed
facts which, if true, would have indicated compliance with the
requirements of this chapter. It shall constitute such good
reason and good faith belief and a court shall not assess any
damages, costs, or fees under this subsection if the person
-3-incorrectly balanced the right of the public to receive public
records against the rights and obligations of the government
body to maintain confidential records as provided in section
22.7 under any judicially created balancing test, unless the
person is unable to articulate any reasonable basis for such
balancing.
Sec. 7. Section 331.604, subsection 3, Code 2021, is amended
by adding the following new paragraph:
NEW PARAGRAPH. f. (1) Upon request by a peace officer,
as defined in section 801.4, civilian employee of a law
enforcement agency, or state or federal judicial officer
or state or federal prosecutor, the county assessor or the
county assessor’s staff, or the county recorder or the county
recorder’s staff, shall redact the requestor’s name contained
in electronic documents that are displayed for public access
through an internet site.
(2) Upon request by a former peace officer, as defined
in section 801.4, or a former civilian employee of a law
enforcement agency, the county assessor or the county
assessor’s staff, or the county recorder or the county
recorder’s staff, may redact, upon the presentation of evidence
that a compelling safety interest is served by doing so, the
requestor’s name contained in electronic documents that are
displayed for public access through an internet site.
(3) This paragraph does not apply to a requestor holding or
seeking public office.
(4) The county assessor and the county recorder shall
implement and maintain a process to facilitate requests
pursuant to this paragraph.
(5) A fee shall not be charged for the administration of
this paragraph.
Sec. 8. Section 622.10, subsection 9, paragraphs a and b,
Code 2021, are amended to read as follows:
a. A peer support group counselor or individual present
for a group crisis intervention who obtains information from
-4-an officer or a civilian employee of a law enforcement 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.
b. The prohibition in this subsection does not apply
where the officer or civilian employee has consented to the
disclosure of the information specified in paragraph “a” or
where the peer support group counselor or individual present
for a group crisis intervention was an initial responding
officer, a witness, or a party to the incident which prompted
the delivery of peer support group counseling services or the
group crisis intervention to the officer or civilian employee.
DIVISION II
UNIFORM COMMERCIAL CODE — FRAUDULENT FILINGS
Sec. 9. Section 554.9510, subsection 1, Code 2021, is
amended to read as follows:
1. Filed record effective if authorized. A filed record
is effective only to the extent that it was filed by a person
that may file it under section 554.9509 or by the filing office
under section 554.9513A.
Sec. 10. NEW SECTION. 554.9513A Termination of wrongfully
filed financing statement — reinstatement.
1. Trusted filer. “Trusted filer” means a person that does
any of the following:
a. Regularly causes records to be communicated to the
filing office for filing and has provided the filing office
with current contact information and information sufficient to
establish the person’s identity.
b. Satisfies either of the following conditions:
(1) The filing office has issued the person credentials for
access to online filing services.
-5- (2) The person has established a prepaid or direct debit
account for payment of filing fees, regardless of whether the
account is used in a particular transaction.
2. Affidavit of wrongful filing. A person identified as
debtor in a filed financing statement may deliver to the
filing office a notarized, sworn affidavit that identifies the
financing statement by file number, indicates the affiant’s
mailing address, and states that the affiant believes that
the filed record identifying the affiant as debtor was not
authorized to be filed and was caused to be communicated to the
filing office with the intent to harass or defraud the affiant.
The filing office may reject an affidavit that is incomplete or
that it believes was delivered to it with the intent to harass
or defraud the secured party. The office of the secretary
of state shall adopt a form of affidavit for use under this
section.
3. Termination statement by filing office. Subject to
subsection 11, if an affidavit is delivered to the filing
office under subsection 2, the filing office shall promptly
file a termination statement with respect to the financing
statement identified in the affidavit. The termination
statement must identify by its file number the initial
financing statement to which it relates and must indicate that
it was filed pursuant to this section. A termination statement
filed under this subsection is not effective until ninety days
after it is filed.
4. No fee charged or refunded. The filing office shall not
charge a fee for the filing of an affidavit under subsection
2 or a termination statement under subsection 3. The filing
office shall not return any fee paid for filing the financing
statement identified in the affidavit, whether or not the
financing statement is reinstated under subsection 7.
5. Notice of termination statement. On the same day that a
filing office files a termination statement under subsection
3, the filing office shall send to the secured party of record
-6-for the financing statement to which the termination statement
relates a notice stating that the termination statement
has been filed and will become effective ninety days after
filing. The notice shall be sent by certified mail, return
receipt requested, to the address provided for the secured
party of record in the financing statement with a copy sent by
electronic mail to the electronic mail address provided by the
secured party of record, if any.
6. Administrative review — action for reinstatement. A
secured party that believes in good faith that the filed record
identified in an affidavit delivered to the filing office under
subsection 2 was authorized to be filed and was not caused to
be communicated to the filing office with the intent to harass
or defraud the affiant may:
a. Before the termination statement takes effect, request
that the filing office conduct an expedited review of the
filed record and any documentation provided by the secured
party. The filing office may as a result of this review remove
from the record the termination statement filed by it under
subsection 3 before the termination statement takes effect and
conduct an administrative review under subsection 11.
b. File an action against the filing office seeking
reinstatement of the financing statement to which the filed
record relates at any time before the expiration of six months
after the date on which the termination statement filed under
subsection 3 becomes effective. If the affiant is not named as
a defendant in the action, the secured party shall send a copy
of the petition to the affiant at the address indicated in the
affidavit. The exclusive venue for the action shall be in the
district court for the county where the filing office in which
the financing statement was filed is located. The action shall
be considered by the court on an expedited basis.
7. Filing office to file notice of action for
reinstatement. Within ten days after being served with process
in an action under subsection 6, the filing office shall file
-7-a notice indicating that the action has been commenced. The
notice must indicate the file number of the initial financing
statement to which the notice relates.
8. Action for reinstatement successful. If, in an action
under subsection 6, the court determines that the financing
statement was authorized to be filed and was not caused to be
communicated to the filing office with the intent to harass or
defraud the affiant, the court shall order that the financing
statement be reinstated. If an order of reinstatement is
issued by the court, the filing office shall promptly file a
record that identifies by its file number the initial financing
statement to which the record relates and indicates that the
financing statement has been reinstated.
9. Effect of reinstatement. Upon the filing of a record
reinstating a financing statement under subsection 8, the
effectiveness of the financing statement is reinstated and the
financing statement shall be considered never to have been
terminated under this section except as against a purchaser of
the collateral that gives value in reasonable reliance upon
the termination. A continuation statement filed as provided
in section 554.9515, subsection 4, after the effective date of
a termination statement filed under subsection 3 or 11 becomes
effective if the financing statement is reinstated.
10. Liability for wrongful filing. If, in an action under
subsection 6, the court determines that the filed record
identified in an affidavit delivered to the filing office under
subsection 2 was caused to be communicated to the filing office
with the intent to harass or defraud the affiant, the filing
office and the affiant may recover from the secured party that
filed the action the costs and expenses, including reasonable
attorney fees and the reasonable allocated costs of internal
counsel, that the filing office and the affiant incurred in the
action. This recovery is in addition to any recovery to which
the affiant is entitled under section 554.9625.
11. Procedure for record filed by trusted filer. If an
-8-affidavit delivered to a filing office under subsection 2
relates to a filed record communicated to the filing office by
a trusted filer, the filing office shall promptly send to the
secured party of record a notice stating that the affidavit has
been delivered to the filing office and that the filing office
is conducting an administrative review to determine whether the
record was caused to be communicated with the intent to harass
or defraud the affiant. The notice shall be sent by certified
mail, return receipt requested, to the address provided for
the secured party in the financing statement with a copy sent
by electronic mail to the electronic mail address provided
by the secured party of record, if any, and a copy shall be
sent in the same manner to the affiant. The administrative
review shall be conducted on an expedited basis and the filing
office may require the affiant and the secured party of record
to provide any additional information that the filing office
deems appropriate. If the filing office concludes that the
record was caused to be communicated with the intent to harass
or defraud the affiant, the filing office shall promptly file a
termination statement under subsection 2 that will be effective
immediately and send to the secured party of record the notice
required by subsection 5. The secured party may thereafter
file an action for reinstatement under subsection 6 and the
provisions of subsections 7 through 10 are applicable.
Sec. 11. NEW SECTION. 714.29 Records filed with intent to
harass or defraud.
1. A person shall not cause to be communicated to the filing
office as defined in section 554.9102 for filing a record if
all of the following are true:
a. The person is not authorized to file the record under
section 554.9509.
b. The record is not related to an existing or anticipated
transaction that is or will be governed by chapter 554, article
9.
c. The record is filed with the intent to harass or defraud
-9-the person identified as debtor in the record.
2. A person that violates subsection 1 is guilty of a simple
misdemeanor for a first offense and a serious misdemeanor for a
second or subsequent offense.
DIVISION III
Qualified Immunity
Sec. 12. NEW SECTION. 669.14A Qualified immunity.
1. Notwithstanding any other provision of law, an employee
of the state subject to a claim brought under this chapter
shall not be liable for monetary damages if any of the
following apply:
a. The right, privilege, or immunity secured by law was not
clearly established at the time of the alleged deprivation,
or at the time of the alleged deprivation the state of the
law was not sufficiently clear that every reasonable employee
would have understood that the conduct alleged constituted a
violation of law.
b. A court of competent jurisdiction has issued a final
decision on the merits holding, without reversal, vacatur, or
preemption, that the specific conduct alleged to be unlawful
was consistent with the law.
2. The state or a state agency shall not be liable for
any claim brought under this chapter where the employee
was determined to be protected by qualified immunity under
subsection 1.
3. A plaintiff who brings a claim under this chapter
alleging a violation of the law must state with particularity
the circumstances constituting the violation and that the law
was clearly established at the time of the alleged violation.
Failure to plead a plausible violation or failure to plead that
the law was clearly established at the time of the alleged
violation shall result in dismissal with prejudice.
4. Any decision by the district court denying qualified
immunity shall be immediately appealable.
5. This section shall apply in addition to any other
-10-statutory or common law immunity.
Sec. 13. NEW SECTION. 669.26 Money damages — nonwaiver
of rights.
This chapter shall not be construed to be a waiver of
sovereign immunity for a claim for money damages under the
Constitution of the State of Iowa.
Sec. 14. NEW SECTION. 670.4A Qualified immunity.
1. Notwithstanding any other provision of law, an employee
or officer subject to a claim brought under this chapter shall
not be liable for monetary damages if any of the following
apply:
a. The right, privilege, or immunity secured by law was not
clearly established at the time of the alleged deprivation,
or at the time of the alleged deprivation the state of the
law was not sufficiently clear that every reasonable employee
would have understood that the conduct alleged constituted a
violation of law.
b. A court of competent jurisdiction has issued a final
decision on the merits holding, without reversal, vacatur, or
preemption, that the specific conduct alleged to be unlawful
was consistent with the law.
2. A municipality shall not be liable for any claim brought
under this chapter where the employee or officer was determined
to be protected by qualified immunity under subsection 1.
3. A plaintiff who brings a claim under this chapter
alleging a violation of the law must state with particularity
the circumstances constituting the violation and that the law
was clearly established at the time of the alleged violation.
Failure to plead a plausible violation or failure to plead that
the law was clearly established at the time of the alleged
violation shall result in dismissal with prejudice.
4. Any decision by the district court denying qualified
immunity shall be immediately appealable.
5. This section shall apply in addition to any other
statutory or common law immunity.
-11- Sec. 15. NEW SECTION. 670.14 Money damages — nonwaiver
of rights.
This chapter shall not be construed to be a waiver of
sovereign immunity for a claim for money damages under the
Constitution of the State of Iowa.
Sec. 16. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION IV
peace officer, public safety, and emergency personnel bill of
rights
Sec. 17. Section 80F.1, subsection 1, paragraph a, Code
2021, is amended to read as follows:
a. “Complaint” means a formal written allegation signed
by the complainant or a signed written statement by an
officer receiving an oral complaint stating the complainant’s
allegation.
Sec. 18. Section 80F.1, subsections 3, 5, 8, 9, 13, and 18,
Code 2021, are amended to read as follows:
3. A formal administrative investigation of an officer
shall be commenced and completed in a reasonable period of time
and an. An officer shall be immediately notified in writing
of the results of the investigation when the investigation is
completed.
5. 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.
8. a. The officer shall have the right to have the
assistance of legal counsel present, at the officer’s expense,
during the interview of the officer and during hearings or
other disciplinary or administrative proceedings relating
-12-to the complaint. In addition, the officer shall have the
right, at the officer’s expense, to have a union representative
present during the interview or, if not a member of a union,
the officer shall have the right to have a designee present.
b. The officer’s legal counsel, union representative, or
employee representative shall not be compelled to disclose in
any judicial proceeding, nor be subject to any investigation
or punitive action for refusing to disclose, any information
received from an officer under investigation or from an
agent of the officer, so long as the officer or agent of the
officer is an uninvolved party and not considered a witness
to any incident. The officer’s legal counsel may coordinate
and communicate in confidence with the officer’s designated
union representative or employee representative, and such
communications are not subject to discovery in any proceeding.
9. If a formal administrative investigation results in
the removal, discharge, or suspension, or other disciplinary
action against an officer, copies of any witness statements
and the complete investigative agency’s report shall be timely
provided to the officer upon the request of the officer or the
officer’s legal counsel upon request at the completion of the
investigation.
13. An officer shall have the right to pursue civil remedies
under the law bring a cause of action against a citizen 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.
18. A municipality, county, or state agency employing
an officer shall not publicly release the officer’s official
photograph without the written permission of the officer or
without a request to release pursuant to chapter 22. An
officer’s personal information including but not limited to the
officer’s home address, personal telephone number, personal
-13-electronic mail address, date of birth, social security number,
and driver’s license number shall be confidential and shall be
redacted from any record prior to the record’s release to the
public by the employing agency. Nothing in this subsection
prohibits the release of an officer’s photograph or unredacted
personal information to the officer’s legal counsel, union
representative, or designated employee representative upon the
officer’s request.
Sec. 19. Section 80F.1, Code 2021, is amended by adding the
following new subsections:
NEW SUBSECTION. 20. The employing agency shall keep
an officer’s statement, recordings, or transcripts of any
interviews or disciplinary proceedings, and any complaints
made against an officer confidential unless otherwise provided
by law or with the officer’s written consent. Nothing in
this section prohibits the release of an officer’s statement,
recordings, or transcripts of any interviews or disciplinary
proceedings, and any complaints made against an officer to
the officer or the officer’s legal counsel upon the officer’s
request.
NEW SUBSECTION. 21. An agency employing full-time or
part-time officers shall provide training to any officer or
supervisor who performs or supervises an investigation under
this section, and shall maintain documentation of any training
related to this section. The Iowa law enforcement academy
shall adopt minimum training standards not inconsistent with
this subsection, including training standards concerning
interviewing an officer subject to a complaint.
NEW SUBSECTION. 22. Upon written request, the employing
agency shall provide to the requesting officer or the officer’s
legal counsel a copy of the officer’s personnel file and
training records regardless of whether the officer is subject
to a formal administrative investigation at the time of the
request.
DIVISION V
-14-OFFICER DISCIPLINARY ACTIONS
Sec. 20. Section 80F.1, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 23. a. An officer shall not be discharged,
disciplined, or threatened with discharge or discipline by a
state, county, or municipal law enforcement agency solely due
to a prosecuting attorney making a determination or disclosure
that exculpatory evidence exists concerning the officer.
b. This subsection does not prohibit a law enforcement
agency from dismissing, suspending, demoting, or taking other
disciplinary actions against an officer based on the underlying
actions that resulted in the exculpatory evidence being
withheld. If a collective bargaining agreement applies, the
actions taken by the law enforcement agency shall conform to
the rules and procedures adopted by the collective bargaining
agreement.
c. This subsection is repealed July 1, 2022.
Sec. 21. BRADY-GIGLIO LIST INTERIM COMMITTEE.
1. The legislative council is requested to establish a
Brady-Giglio list interim committee for the 2021 interim. The
purpose of the committee shall be to do all of the following:
a. Study the disclosure of information contained in officer
personnel files as such information relates to a Brady-Giglio
list.
b. Study the efficiency of implementing a statewide system
for a Brady-Giglio list, identifying impartial entities to
conduct investigations pertaining to an officer’s acts or
omissions to act, and recommending the appropriate procedures,
due process protections, appeal rights, and criteria for the
placement and removal of an officer’s name on and from a
Brady-Giglio list.
c. Study any other issues that the committee determines
relevant to its objective. The committee may solicit the
advice or testimony of any organization or individual with
information or expertise relevant to the purpose of the
-15-committee.
2. The committee shall consist of three members of the
senate appointed by the majority leader of the senate, two
members of the senate appointed by the minority leader of
the senate, three members of the house of representatives
appointed by the speaker of the house of representatives,
and two members of the house of representatives appointed
by the minority leader of the house of representatives.
Additional committee members shall include the commissioner
of the department of public safety or the commissioner’s
designee, a district court judge appointed by the supreme
court, two representatives from the Iowa sheriffs and deputies
association, and one representative from each of the following:
the Iowa county attorneys association, the Iowa police chiefs
association, the Iowa state police association, the Iowa peace
officers association, the Iowa fraternal order of police,
the Iowa professional fire fighters, the Iowa state troopers
association, and the Iowa state patrol supervisors association.
The Iowa sheriffs and deputies association members shall
include an officer in a supervisory position and an officer who
does not hold rank.
3. The committee shall elect a chairperson from the members
appointed.
4. The committee shall issue a report, including findings
and recommendations, to the governor and the general assembly
no later than December 16, 2021.
5. For the purposes of this section, “Brady-Giglio list”
means a list of officers maintained by the county attorney’s
office, including officers who may not have disclosed all
impeachment information and officers who may have violated the
pretrial discovery rule requiring officers to turn over all
evidence that might be used to exonerate a defendant.
DIVISION VI
Peace Officers — health plan
Sec. 22. NEW SECTION. 80.6A Peace officers — health
-16-insurance.
1. a. Notwithstanding any provision to the contrary, peace
officers employed within the department that are not covered
under a collective bargaining agreement who were at any time
eligible to be enrolled in the group health insurance plan
that is negotiated under chapter 20 between the state and the
state police officers council labor union and who elect to
participate in a group health insurance plan provided by the
state, shall only be permitted to participate in the group
health insurance plan that is negotiated under chapter 20
between the state and the state police officers council labor
union for peace officers subject to the requirements of this
subsection. In addition, a peace officer who was covered under
a collective bargaining agreement and who becomes a manager
or supervisor and is no longer covered by the agreement shall
not lose group health insurance benefits as provided by the
agreement.
b. Notwithstanding any provision to the contrary, beginning
January 1, 2021, a peace officer or surviving spouse who is
participating in a group health insurance plan shall have the
option, upon retirement or approval for death benefits for an
eligible surviving spouse, to participate in the group health
insurance plan that is negotiated under chapter 20 between
the state and the state police officers council labor union
pursuant to section 509A.13 subject to the requirements of this
section.
2. The department shall be authorized to retain any savings
to the department for peace officers participating in the group
health insurance plan pursuant to subsection 1 from moneys
appropriated to the department.
Sec. 23. NEW SECTION. 456A.13A Full-time officers — health
insurance.
1. a. Notwithstanding any provision to the contrary,
full-time officers as defined in section 456A.13 that are not
covered under a collective bargaining agreement who were at
-17-any time eligible to be enrolled in the group health insurance
plan that is negotiated under chapter 20 between the state
and the state police officers council labor union and who
elect to participate in a group health insurance plan provided
by the state, shall only be permitted to participate in the
group health insurance plan that is negotiated under chapter
20 between the state and the state police officers council
labor union for full-time officers subject to the requirements
of this subsection. In addition, a full-time officer who
was covered under a collective bargaining agreement and who
becomes a manager or supervisor and is no longer covered by
the agreement shall not lose group health insurance benefits
as provided by the agreement.
b. Notwithstanding any provision to the contrary, a
full-time officer participating in the group health insurance
plan pursuant to paragraph “a” shall have the option, upon
retirement, to continue participation in the group health
insurance plan pursuant to section 509A.13 subject to the
requirements of this section. However, a full-time officer who
was not covered under a collective bargaining agreement and not
participating in the group health insurance plan as provided by
this section at the time of retirement shall not be allowed to
participate in the group health insurance plan negotiated under
chapter 20 between the state and the state police officers
council upon retirement.
2. The department shall calculate the savings to the
department for full-time officers employed in the law
enforcement bureau of the department who are participating in
the group health insurance plan pursuant to subsection 1. The
department shall transfer to the state fish and game protection
fund created in section 456A.17 from moneys appropriated to the
department an amount equal to the savings calculated by the
department. In addition, the department shall be authorized
to retain any savings to the department for full-time officers
who are not employed in the law enforcement bureau of the
-18-department participating in the group health insurance plan
pursuant to subsection 1 from moneys appropriated to the
department.
Sec. 24. GROUP HEALTH INSURANCE PLAN REPORTING — STATE
POLICE OFFICERS COUNCIL. Prior to July 1 of each calendar
year, if group health insurance is offered to employees who
are not covered by a collective bargaining agreement, the
provider of the group health insurance plan negotiated under
chapter 20 between the state and the state police officers
council labor union shall submit a report to the state police
officers council and the departments of public safety and
natural resources necessary for purposes of complying with
the requirements of sections 80.6A and 456A.13A. The report
shall include usage statistics that separately account for
employees in the group health insurance plan covered by a
collective bargaining agreement negotiated by the state police
officers council and those employees that are not covered
by a collective bargaining agreement and shall include any
information that led to any premium rate increase or decrease
for the following calendar year.
Sec. 25. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
Sec. 26. RETROACTIVE APPLICABILITY. The following applies
retroactively to January 1, 2021:
The portion of the section of this division of this Act
enacting section 80.6A, subsection 1, paragraph “b”.
DIVISION VII
WORKERS’ COMPENSATION DISABILITY MEDICAL BENEFITS
Sec. 27. Section 97A.6, subsection 11, Code 2021, is amended
to read as follows:
11. Pensions offset by compensation benefits.
a. Any amounts which may be paid or payable by the state
under the provisions of any workers’ compensation or similar
law to a member or to the dependents of a member on account of
any disability or death, shall be offset against and payable
-19-in lieu of any benefits payable out of the retirement fund
provided by the state under the provisions of this chapter on
account of the same disability or death. In case the present
value of the total commuted benefits under said workers’
compensation or similar law is less than the present value
of the benefits otherwise payable from the retirement fund
provided by the state under this chapter, then the present
value of the commuted payments shall be deducted from the
pension payable and such benefits as may be provided by the
system so reduced shall be payable under the provisions of this
chapter.
b. Notwithstanding paragraph “a”, any workers’ compensation
benefits received by a member for past medical expenses or
future medical expenses shall not be offset against and not
considered payable in lieu of any retirement allowance payable
pursuant to this section on account of the same disability.
c. Notwithstanding paragraph “a”, any workers’ compensation
benefits received by a member for reimbursement of vacation
time used, sick time used, or for any unpaid time off from work
shall not be offset against and not considered payable in lieu
of any retirement allowance payable pursuant to this section on
account of the same disability.
Sec. 28. Section 97B.50A, subsection 5, Code 2021, is
amended to read as follows:
5. Offset to allowance.
a. Notwithstanding any provisions to the contrary in state
law, or any applicable contract or policy, any amounts which
may be paid or payable by the employer under any workers’
compensation, unemployment compensation, employer-paid
disability plan, program, or policy, or other law to a member,
and any disability payments the member receives pursuant to
the federal Social Security Act, 42 U.S.C. §423 et seq.,
shall be offset against and payable in lieu of any retirement
allowance payable pursuant to this section on account of the
same disability.
-20- b. Notwithstanding paragraph “a”, any workers’ compensation
benefits received by a member for past medical expenses or
future medical expenses shall not be offset against and not
considered payable in lieu of any retirement allowance payable
pursuant to this section on account of the same disability.
c. Notwithstanding paragraph “a”, any workers’ compensation
benefits received by a member for reimbursement of vacation
time used, sick time used, or for any unpaid time off from work
shall not be offset against and not considered payable in lieu
of any retirement allowance payable pursuant to this section on
account of the same disability.
Sec. 29. Section 97B.50A, Code 2021, is amended by adding
the following new subsection:
NEW SUBSECTION. 8A. Medical benefits. An employer shall
furnish reasonable surgical, medical, dental, osteopathic,
chiropractic, podiatric, physical rehabilitation, nursing,
ambulance, and hospital services and supplies for a member who
is injured in the performance of the member’s duties and is
receiving an in-service disability retirement allowance under
subsection 2 or has waived an in-service disability retirement
allowance under subsection 4, regardless of when the injury
occurred or when the member’s in-service disability allowance
commenced.
DIVISION VIII
ENFORCEMENT OF LAWS — PEACE OFFICERS CARRYING FIREARMS
Sec. 30. NEW SECTION. 27B.1 Definitions.
1. “Local entity” means the governing body of a city or
county. “Local entity” includes an officer or employee of a
local entity or a division, department, or other body that is
part of a local entity, including but not limited to a sheriff,
police department, city attorney, or county attorney.
2. “Policy” includes a rule, procedure, regulation, order,
ordinance, motion, resolution, or amendment, whether formal and
written or informal and unwritten.
Sec. 31. NEW SECTION. 27B.2 Restriction on enforcement of
-21-state, local, and municipal law prohibited.
A local entity or law enforcement department shall not
adopt or enforce a policy or take any other action under which
the local entity or law enforcement department prohibits or
discourages the enforcement of state, local, or municipal laws.
Sec. 32. NEW SECTION. 27B.3 Discrimination prohibited.
A local entity or a person employed by or otherwise under the
direction or control of a local entity shall not consider race,
skin color, language spoken, or national origin while enforcing
state, local, and municipal laws except to the extent permitted
by the Constitution of the United States or the Constitution of
the State of Iowa.
Sec. 33. NEW SECTION. 27B.4 Complaints — notification —
civil action.
1. Any person may file a complaint with the attorney general
alleging that a local entity 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. A local entity for which the attorney general has
received a complaint pursuant to this section shall comply
with any document requests, including a request for supporting
documents, from the attorney general relating to the complaint.
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 was intentional.
4. If the attorney general determines that a complaint filed
pursuant to this section against a local entity 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 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
-22-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
does not come into compliance with the requirements of this
chapter.
d. The local entity and any entity that is under the
jurisdiction of the local entity 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 receives written notification under subsection 4, the
local entity shall provide the attorney general with all of the
following:
a. Copies of all of the local entity’s written policies
relating to the complaint.
b. A description of all actions the local entity 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.
Sec. 34. NEW SECTION. 27B.5 Denial of state funds.
1. Notwithstanding any other provision of law to the
contrary, a local entity, including any entity under the
jurisdiction of the local entity, shall be ineligible to
receive any state funds if the local entity intentionally
violates this chapter.
2. State funds shall be denied to a local entity pursuant
to subsection 1 by all state agencies for each state fiscal
year that begins after the date on which a final judicial
-23-determination that the local entity has intentionally violated
this chapter is made in a civil action brought pursuant to
section 27B.4, subsection 6. State funds shall continue
to be denied until eligibility to receive state funds is
reinstated under section 27B.6. However, any state funds for
the provision of wearable body protective gear used for law
enforcement purposes shall not be denied under this section.
3. The department of management shall adopt rules pursuant
to chapter 17A to implement this section and section 27B.6
uniformly across state agencies from which state funds are
distributed to local entities.
Sec. 35. NEW SECTION. 27B.6 Reinstatement of eligibility
to receive state funds.
1. Except as provided by subsection 5, no earlier than
ninety days after the date of a final judicial determination
that a local entity has intentionally violated the provisions
of this chapter, the local entity 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 is in full compliance with this chapter.
2. A local entity 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.
3. If the court issues a declaratory judgment declaring that
the local entity is in full compliance with this chapter, the
local entity’s eligibility to receive state funds is reinstated
beginning on the first day of the month following the date on
which the declaratory judgment is issued.
4. A local entity shall not petition the court as described
in subsection 1 more than twice in one twelve-month period.
5. A local entity 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 at the time of the violation of this chapter is
-24-subsequently removed from or otherwise leaves office.
6. A party shall not be entitled to recover any attorney
fees in a civil action described by subsection 1.
Sec. 36. NEW SECTION. 27B.7 Attorney general database.
The attorney general shall develop and maintain a searchable
database listing each local entity for which a final judicial
determination described in section 27B.5, subsection 2, has
been made. The attorney general shall post the database on the
attorney general’s internet site.
Sec. 37. NEW SECTION. 724.4D Authority to carry firearm
— peace officers.
A peace officer shall not be prohibited from carrying a
firearm while engaged in the performance of official duties.
Sec. 38. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION IX
ASSAULTS INVOLVING LASERS — ASSAULT — HARASSMENT
Sec. 39. Section 708.1, subsection 2, Code 2021, is amended
by adding the following new paragraph:
NEW PARAGRAPH. d. (1) Intentionally points a laser
emitting a visible light beam at another person with the intent
to cause pain or injury to another. For purposes of this
paragraph, “laser” means a device that emits a visible light
beam amplified by the stimulated emission of radiation and any
light which simulates the appearance of a laser.
(2) This paragraph does not apply to any of the following:
(a) A law enforcement officer who uses a laser in
discharging or attempting to discharge the officer’s official
duties.
(b) A health care professional who uses a laser in providing
services within the scope of practice of that professional or
any other person who is licensed or authorized by law to use a
laser or who uses a laser in the performance of the person’s
official duties.
(c) A person who uses a laser to play laser tag, paintball,
-25-and other similar games using light-emitting diode technology.
Sec. 40. Section 708.3A, subsections 1, 2, 3, and 4, Code
2021, are amended to read as follows:
1. A person who commits an assault, as defined in section
708.1, against a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of human services,
employee of the department of revenue, civilian employee of a
law enforcement agency, civilian employee of a fire department,
or fire fighter, whether paid or volunteer, with the knowledge
that the person against whom the assault is committed is a
peace officer, jailer, correctional staff, member or employee
of the board of parole, health care provider, employee of
the department of human services, employee of the department
of revenue, civilian employee of a law enforcement agency,
civilian employee of a fire department, or fire fighter and
with the intent to inflict a serious injury upon the peace
officer, jailer, correctional staff, member or employee of
the board of parole, health care provider, employee of the
department of human services, employee of the department
of revenue, civilian employee of a law enforcement agency,
civilian employee of a fire department, or fire fighter, is
guilty of a class “D” felony.
2. A person who commits an assault, as defined in section
708.1, against a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of human services,
employee of the department of revenue, civilian employee of a
law enforcement agency, civilian employee of a fire department,
or fire fighter, whether paid or volunteer, who knows that
the person against whom the assault is committed is a peace
officer, jailer, correctional staff, member or employee of
the board of parole, health care provider, employee of the
department of human services, employee of the department
of revenue, civilian employee of a law enforcement agency,
-26-civilian employee of a fire department, or fire fighter and
who uses or displays a dangerous weapon in connection with the
assault, is guilty of a class “D” felony.
3. A person who commits an assault, as defined in section
708.1, against a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of human services,
employee of the department of revenue, civilian employee of a
law enforcement agency, civilian employee of a fire department,
or fire fighter, whether paid or volunteer, who knows that
the person against whom the assault is committed is a peace
officer, jailer, correctional staff, member or employee of
the board of parole, health care provider, employee of the
department of human services, employee of the department
of revenue, civilian employee of a law enforcement agency,
civilian employee of a fire department, or fire fighter, and
who causes bodily injury or mental illness, is guilty of an
aggravated misdemeanor.
4. Any other assault, as defined in section 708.1, committed
against a peace officer, jailer, correctional staff, member
or employee of the board of parole, health care provider,
employee of the department of human services, employee of the
department of revenue, civilian employee of a law enforcement
agency, civilian employee of a fire department, or fire
fighter, whether paid or volunteer, by a person who knows
that the person against whom the assault is committed is a
peace officer, jailer, correctional staff, member or employee
of the board of parole, health care provider, employee of
the department of human services, employee of the department
of revenue, civilian employee of a law enforcement agency,
civilian employee of a fire department, or fire fighter, is a
serious misdemeanor.
Sec. 41. Section 708.7, subsection 2, paragraph a, Code
2021, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (4) Harassment that occurs against
-27-another person who is lawfully in a place of public
accommodation as defined in section 216.2.
Sec. 42. Section 716.4, subsection 1, Code 2021, is amended
to read as follows:
1. Criminal mischief is criminal mischief in the second
degree if the any of the following apply:
a. Thecost of replacing, repairing, or restoring the
property that is damaged, defaced, altered, or destroyed
exceeds one thousand five hundred dollars but does not exceed
ten thousand dollars.
b. The acts damaged, defaced, altered, or destroyed any
publicly owned property, including a monument or statue. In
addition to any sentence imposed for a violation of this
paragraph, the court shall include an order of restitution
for any property damage or loss incurred as a result of the
offense.
Sec. 43. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION X
public disorder
Sec. 44. Section 723.1, Code 2021, is amended to read as
follows:
723.1 Riot.
A riot is three or more persons assembled together in a
violent and disturbing manner, to the disturbance of others,
and with any use of unlawful force or violence by them or any
of them against another person, or causing property damage.
A person who willingly joins in or remains a part of a riot,
knowing or having reasonable grounds to believe that it is
such, commits an aggravated misdemeanor a class “D” felony.
Sec. 45. Section 723.2, Code 2021, is amended to read as
follows:
723.2 Unlawful assembly.
An unlawful assembly is three or more persons assembled
together, with them or any of them acting in a violent manner,
-28-and with intent that they or any of them will commit a public
offense. A person who willingly joins in or remains a part
of an unlawful assembly, or who joined a lawful assembly but
willingly remains after the assembly becomes unlawful, knowing
or having reasonable grounds to believe that it is such,
commits a simple an aggravated misdemeanor.
Sec. 46. Section 723.4, Code 2021, is amended by striking
the section and inserting in lieu thereof the following:
723.4 Disorderly conduct.
1. A person commits a simple misdemeanor when the person
does any of the following:
a. Engages in fighting or violent behavior in any public
place or in or near any lawful assembly of persons, provided,
that participants in athletic contests may engage in such
conduct which is reasonably related to that sport.
b. Makes loud and raucous noise in the vicinity of any
residence or public building which intentionally or recklessly
causes unreasonable distress to the occupants thereof.
c. Directs abusive epithets or makes any threatening gesture
which the person knows or reasonably should know is likely to
provoke a violent reaction by another.
d. Without lawful authority or color of authority, the
person disturbs any lawful assembly or meeting of persons by
conduct intended to disrupt the meeting or assembly.
e. By words or action, initiates or circulates a report or
warning of fire, epidemic, or other catastrophe, knowing such
report to be false or such warning to be baseless.
f. (1) Knowingly and publicly uses the flag of the United
States in such a manner as to show disrespect for the flag as
a symbol of the United States, with the intent or reasonable
expectation that such use will provoke or encourage another to
commit trespass or assault.
(2) As used in this paragraph:
(a) “Deface” means to intentionally mar the external
appearance.
-29- (b) “Defile” means to intentionally make physically unclean.
(c) “Flag” means a piece of woven cloth or other material
designed to be flown from a pole or mast.
(d) “Mutilate” means to intentionally cut up or alter so as
to make imperfect.
(e) “Show disrespect” means to deface, defile, mutilate, or
trample.
(f) “Trample” means to intentionally tread upon or
intentionally cause a machine, vehicle, or animal to tread
upon.
(3) This paragraph does not apply to a flag retirement
ceremony conducted pursuant to federal law.
2. A person commits a serious misdemeanor when the person,
without lawful authority or color of authority, obstructs any
street, sidewalk, highway, or other public way, with the intent
to prevent or hinder its lawful use by others.
3. A person commits an aggravated misdemeanor when the
person commits disorderly conduct as described in subsection 2
and does any of the following:
a. Obstructs or attempts to obstruct a fully
controlled-access facility on a highway, street, or road in
which the speed restriction is controlled by section 321.285,
subsection 3, or section 321.285, subsection 5.
b. Commits property damage.
c. Is present during an unlawful assembly as defined in
section 723.2.
4. A person commits a class “D” felony when the person
commits disorderly conduct as described in subsection 2 and
does any of the following:
a. Is present during a riot as defined in section 723.1.
b. Causes bodily injury.
5. A person commits a class “C” felony when the person
commits disorderly conduct as described in subsection 2 and the
person causes serious bodily injury or death.
Sec. 47. NEW SECTION. 723.6 Interference with public
-30-disorder control.
Any person who possesses a tool, instrument, or device with
the intent to suppress or disrupt law enforcement from legally
deploying a device to control public disorder under this
chapter commits an aggravated misdemeanor.
Sec. 48. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION XI
ELUDING LAW ENFORCEMENT — ACTS ON CERTAIN HIGHWAYS — CIVIL
LIABILITY
Sec. 49. Section 321.279, Code 2021, is amended to read as
follows:
321.279 Eluding or attempting to elude pursuing law
enforcement vehicle.
1. a. The driver of a motor vehicle commits a serious
misdemeanor if the driver willfully fails to bring the motor
vehicle to a stop or otherwise eludes or attempts to elude a
marked or unmarked official law enforcement vehicle driven by a
uniformed peace officer after being given a visual and audible
signal to stop. The signal given by the peace officer shall
be by flashing red light, or by flashing red and blue lights,
and siren. For purposes of this section, “peace officer” means
those officers designated under section 801.4, subsection 11,
paragraphs “a”, “b”, “c”, “f”, “g”, and “h”.
b. The driver of a motor vehicle who commits a second or
subsequent violation under this subsection is, upon conviction,
guilty of an aggravated misdemeanor.
2. a. The driver of a motor vehicle commits an aggravated
misdemeanor if the driver willfully fails to bring the motor
vehicle to a stop or otherwise eludes or attempts to elude a
marked or unmarked official law enforcement vehicle that is
driven by a uniformed peace officer after being given a visual
and audible signal as provided in this section and in doing so
exceeds the speed limit by twenty-five miles per hour or more.
b. The driver of a motor vehicle who commits a violation
-31-under this subsection and who has previously committed a
violation under this subsection or subsection 3 is, upon
conviction, guilty of a class “D” felony.
3. a. The driver of a motor vehicle commits a class “D”
felony if the driver willfully fails to bring the motor vehicle
to a stop or otherwise eludes or attempts to elude a marked or
unmarked official law enforcement vehicle that is driven by a
uniformed peace officer after being given a visual and audible
signal as provided in this section, and in doing so exceeds the
speed limit by twenty-five miles per hour or more, and if any
of the following occurs:
(1) The driver is participating in a public offense, as
defined in section 702.13, that is a felony.
(2) The driver is in violation of section 321J.2.
(3) The driver is in violation of section 124.401.
(4) The offense results in bodily injury to a person other
than the driver.
b. The driver of a motor vehicle who commits a second or
subsequent violation under this subsection is, upon conviction,
guilty of a class “C” felony.
Sec. 50. Section 321.366, subsection 1, Code 2021, is
amended by adding the following new paragraph:
NEW PARAGRAPH. g. Operate a bicycle, skateboard, or other
pedestrian conveyance or be a pedestrian anywhere on a fully
controlled-access facility. For purposes of this paragraph,
“pedestrian conveyance” means any human-powered device by which
a pedestrian may move other than by walking or by which a
walking person may move another pedestrian, including but not
limited to strollers and wheelchairs.
Sec. 51. NEW SECTION. 321.366A Immunity from civil
liability for certain vehicle operators.
1. The driver of a vehicle who is exercising due care and
who injures another person who is participating in a protest,
demonstration, riot, or unlawful assembly or who is engaging in
disorderly conduct and is blocking traffic in a public street
-32-or highway shall be immune from civil liability for the injury
caused by the driver of the vehicle.
2. The driver of a vehicle who injures another person
who is participating in a protest, demonstration, riot, or
unlawful assembly or who is engaging in disorderly conduct and
is blocking traffic in a public street or highway shall not
be immune from civil liability if the actions leading to the
injury caused by the driver of a vehicle constitute reckless
or willful misconduct.
3. Subsection 1 shall not apply if the injured person
participating in a protest or demonstration was doing so with a
valid permit allowing persons to protest or demonstrate on the
public street or highway where the injury occurred.
Sec. 52. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION XII
WINDOW TINTING
Sec. 53. Section 321.438, subsection 2, Code 2021, is
amended to read as follows:
2. A person shall not operate on the highway a motor
vehicle equipped with a front windshield, a side window to the
immediate right or left of the driver, or a side-wing sidewing
forward of and to the left or right of the driver which is
excessively dark or reflective so that it is difficult for a
person outside the motor vehicle to see into the motor vehicle
through the windshield, window, or sidewing.
a. The department shall adopt rules establishing a minimum
measurable standard of transparency which shall apply to
violations of this subsection.
b. This subsection does not apply to a person who operates
a motor vehicle owned or leased by a federal, state, or local
law enforcement agency if the operation is part of the person’s
official duties.
DIVISION XIII
sheriff salaries
-33- Sec. 54. Section 331.907, subsection 1, Code 2021, is
amended to read as follows:
1. The annual compensation of the auditor, treasurer,
recorder, sheriff, county attorney, and supervisors shall
be determined as provided in this section. The county
compensation board annually shall review the compensation
paid to comparable officers in other counties of this
state, other states, private enterprise, and the federal
government. In setting the salary of the county sheriff,
the county compensation board shall consider setting set the
sheriff’s salary so that it is comparable to salaries paid
to professional law enforcement administrators and command
officers of the state patrol, the division of criminal
investigation of the department of public safety, and city
police agencies in this state chiefs employed by cities of
similar population to the population of the county. The county
compensation board shall prepare a compensation schedule for
the elective county officers for the succeeding fiscal year. A
recommended compensation schedule requires a majority vote of
the membership of the county compensation board.
DIVISION XIV
CIVIL SERVICE COMMISSION EXAMINATIONS
Sec. 55. Section 400.8, subsection 2, Code 2021, is amended
to read as follows:
2. The commission shall establish the guidelines for
conducting the examinations under subsection 1 of this section.
It may prepare and administer the examinations or may The
commission shall hire persons with expertise to do so if the
commission approves the examinations prepare and administer
the examinations approved by the commission. It may also
hire persons with expertise to consult in the preparation of
such examinations if the persons so hired are employed to aid
personnel of the commission in assuring that a fair examination
is conducted. A fair examination shall explore the competence
of the applicant in the particular field of examination.
-34- Sec. 56. Section 400.9, subsection 2, Code 2021, is amended
to read as follows:
2. The commission shall establish guidelines for conducting
the examinations under subsection 1. It may prepare and
administer the examinations or may The commission shall hire
persons with expertise to do so if the commission approves
the examinations and if the examinations apply to prepare and
administer the examinations approved by the commission for
the position in the city for which the applicant is taking
the examination. It may also hire persons with expertise to
consult in the preparation of such examinations if the persons
so hired are employed to aid personnel of the commission
in assuring that a fair examination is conducted. A fair
examination shall explore the competence of the applicant in
the particular field of examination. The names of persons
approved to administer any examination under this section shall
be posted in the city hall at least twenty-four hours prior to
the examination.
______________________________
JAKE CHAPMAN
President of the Senate
______________________________
PAT GRASSLEY
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 342, Eighty-ninth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2021
______________________________
KIM REYNOLDS
Governor
as/rh/mb
professional confidence; uniform commercial code filings;
qualified immunity; peace officer health plans and workers’
compensation; certain law enforcement matters; criminal laws
involving public disorder, assaults, and harassment; civil
liability for certain vehicle operators; window tinting;
acts on certain highways; and civil service commission
examinations; providing penalties, and including effective
date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
PUBLIC RECORDS — COMMUNICATIONS IN PROFESSIONAL CONFIDENCE
Section 1. Section 9E.1, Code 2021, is amended to read as
follows:
-1- 9E.1 Purpose.
The general assembly finds that individuals attempting to
escape from actual or threatened domestic abuse, domestic
abuse assault, sexual abuse, assault, stalking, or human
trafficking frequently establish new addresses in order to
prevent their assailants or probable assailants from finding
them. The purpose of this chapter is to enable state and local
agencies to respond to requests for data without disclosing
the location of a victim of domestic abuse, domestic abuse
assault, sexual abuse, assault, stalking, or human trafficking;
to enable interagency cooperation with the secretary of state
in providing address confidentiality for victims of domestic
abuse, domestic abuse assault, sexual abuse, assault, stalking,
or human trafficking; and to enable program participants to use
an address designated by the secretary of state as a substitute
mailing address for the purposes specified in this chapter.
In addition, the purpose of this chapter is to prevent such
victims from being physically located through a public records
search.
Sec. 2. Section 9E.2, subsection 6, paragraph a, Code 2021,
is amended to read as follows:
a. “Eligible person” means a person who is all a resident of
this state, an adult, a minor, or an incapacitated person as
defined in section 633.701, and is one of the following:
(1) A resident of this state.
(2) An adult, a minor, or an incapacitated person as defined
in section 633.701.
(3) A victim of domestic abuse, domestic abuse assault,
sexual abuse, assault, stalking, or human trafficking as
evidenced by the filing of a petition pursuant to section 236.3
or a criminal complaint or information pursuant to section
708.1, 708.2A, 708.11, or 710A.2, or any violation contained
in chapter 709.
(2) A currently active or retired state or local judicial
officer, as defined in section 4.1, a federal judge, or a
-2-spouse or child of such a person.
(3) A currently active or retired state or local prosecuting
attorney, as defined in section 801.4, or a spouse or child of
such a person.
(4) A currently active or retired peace officer, as defined
in section 801.4, civilian employee of a law enforcement
agency, or a spouse or child of such a person.
Sec. 3. Section 9E.3, subsection 1, paragraph b,
subparagraph (1), subparagraph division (a), Code 2021, is
amended to read as follows:
(a) The eligible person listed on the application is a
victim of domestic abuse, domestic abuse assault, sexual abuse,
assault, stalking, or human trafficking.
Sec. 4. Section 9E.3, subsection 1, paragraph e, Code 2021,
is amended to read as follows:
e. The residential address of the eligible person,
disclosure of which could lead to an increased risk of domestic
abuse, domestic abuse assault, sexual abuse, assault, stalking,
or human trafficking.
Sec. 5. Section 9E.7, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 4A. Upon request by a program participant,
the assessor or the assessor’s staff shall redact the
requestor’s name contained in electronic documents that
are displayed for public access through an internet site.
The assessor shall implement and maintain a process to
facilitate these requests. A fee shall not be charged for the
administration of this paragraph.
Sec. 6. Section 22.10, subsection 3, paragraph b,
subparagraph (2), Code 2021, is amended to read as follows:
(2) Had good reason to believe and in good faith believed
facts which, if true, would have indicated compliance with the
requirements of this chapter. It shall constitute such good
reason and good faith belief and a court shall not assess any
damages, costs, or fees under this subsection if the person
-3-incorrectly balanced the right of the public to receive public
records against the rights and obligations of the government
body to maintain confidential records as provided in section
22.7 under any judicially created balancing test, unless the
person is unable to articulate any reasonable basis for such
balancing.
Sec. 7. Section 331.604, subsection 3, Code 2021, is amended
by adding the following new paragraph:
NEW PARAGRAPH. f. (1) Upon request by a peace officer,
as defined in section 801.4, civilian employee of a law
enforcement agency, or state or federal judicial officer
or state or federal prosecutor, the county assessor or the
county assessor’s staff, or the county recorder or the county
recorder’s staff, shall redact the requestor’s name contained
in electronic documents that are displayed for public access
through an internet site.
(2) Upon request by a former peace officer, as defined
in section 801.4, or a former civilian employee of a law
enforcement agency, the county assessor or the county
assessor’s staff, or the county recorder or the county
recorder’s staff, may redact, upon the presentation of evidence
that a compelling safety interest is served by doing so, the
requestor’s name contained in electronic documents that are
displayed for public access through an internet site.
(3) This paragraph does not apply to a requestor holding or
seeking public office.
(4) The county assessor and the county recorder shall
implement and maintain a process to facilitate requests
pursuant to this paragraph.
(5) A fee shall not be charged for the administration of
this paragraph.
Sec. 8. Section 622.10, subsection 9, paragraphs a and b,
Code 2021, are amended to read as follows:
a. A peer support group counselor or individual present
for a group crisis intervention who obtains information from
-4-an officer or a civilian employee of a law enforcement 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.
b. The prohibition in this subsection does not apply
where the officer or civilian employee has consented to the
disclosure of the information specified in paragraph “a” or
where the peer support group counselor or individual present
for a group crisis intervention was an initial responding
officer, a witness, or a party to the incident which prompted
the delivery of peer support group counseling services or the
group crisis intervention to the officer or civilian employee.
DIVISION II
UNIFORM COMMERCIAL CODE — FRAUDULENT FILINGS
Sec. 9. Section 554.9510, subsection 1, Code 2021, is
amended to read as follows:
1. Filed record effective if authorized. A filed record
is effective only to the extent that it was filed by a person
that may file it under section 554.9509 or by the filing office
under section 554.9513A.
Sec. 10. NEW SECTION. 554.9513A Termination of wrongfully
filed financing statement — reinstatement.
1. Trusted filer. “Trusted filer” means a person that does
any of the following:
a. Regularly causes records to be communicated to the
filing office for filing and has provided the filing office
with current contact information and information sufficient to
establish the person’s identity.
b. Satisfies either of the following conditions:
(1) The filing office has issued the person credentials for
access to online filing services.
-5- (2) The person has established a prepaid or direct debit
account for payment of filing fees, regardless of whether the
account is used in a particular transaction.
2. Affidavit of wrongful filing. A person identified as
debtor in a filed financing statement may deliver to the
filing office a notarized, sworn affidavit that identifies the
financing statement by file number, indicates the affiant’s
mailing address, and states that the affiant believes that
the filed record identifying the affiant as debtor was not
authorized to be filed and was caused to be communicated to the
filing office with the intent to harass or defraud the affiant.
The filing office may reject an affidavit that is incomplete or
that it believes was delivered to it with the intent to harass
or defraud the secured party. The office of the secretary
of state shall adopt a form of affidavit for use under this
section.
3. Termination statement by filing office. Subject to
subsection 11, if an affidavit is delivered to the filing
office under subsection 2, the filing office shall promptly
file a termination statement with respect to the financing
statement identified in the affidavit. The termination
statement must identify by its file number the initial
financing statement to which it relates and must indicate that
it was filed pursuant to this section. A termination statement
filed under this subsection is not effective until ninety days
after it is filed.
4. No fee charged or refunded. The filing office shall not
charge a fee for the filing of an affidavit under subsection
2 or a termination statement under subsection 3. The filing
office shall not return any fee paid for filing the financing
statement identified in the affidavit, whether or not the
financing statement is reinstated under subsection 7.
5. Notice of termination statement. On the same day that a
filing office files a termination statement under subsection
3, the filing office shall send to the secured party of record
-6-for the financing statement to which the termination statement
relates a notice stating that the termination statement
has been filed and will become effective ninety days after
filing. The notice shall be sent by certified mail, return
receipt requested, to the address provided for the secured
party of record in the financing statement with a copy sent by
electronic mail to the electronic mail address provided by the
secured party of record, if any.
6. Administrative review — action for reinstatement. A
secured party that believes in good faith that the filed record
identified in an affidavit delivered to the filing office under
subsection 2 was authorized to be filed and was not caused to
be communicated to the filing office with the intent to harass
or defraud the affiant may:
a. Before the termination statement takes effect, request
that the filing office conduct an expedited review of the
filed record and any documentation provided by the secured
party. The filing office may as a result of this review remove
from the record the termination statement filed by it under
subsection 3 before the termination statement takes effect and
conduct an administrative review under subsection 11.
b. File an action against the filing office seeking
reinstatement of the financing statement to which the filed
record relates at any time before the expiration of six months
after the date on which the termination statement filed under
subsection 3 becomes effective. If the affiant is not named as
a defendant in the action, the secured party shall send a copy
of the petition to the affiant at the address indicated in the
affidavit. The exclusive venue for the action shall be in the
district court for the county where the filing office in which
the financing statement was filed is located. The action shall
be considered by the court on an expedited basis.
7. Filing office to file notice of action for
reinstatement. Within ten days after being served with process
in an action under subsection 6, the filing office shall file
-7-a notice indicating that the action has been commenced. The
notice must indicate the file number of the initial financing
statement to which the notice relates.
8. Action for reinstatement successful. If, in an action
under subsection 6, the court determines that the financing
statement was authorized to be filed and was not caused to be
communicated to the filing office with the intent to harass or
defraud the affiant, the court shall order that the financing
statement be reinstated. If an order of reinstatement is
issued by the court, the filing office shall promptly file a
record that identifies by its file number the initial financing
statement to which the record relates and indicates that the
financing statement has been reinstated.
9. Effect of reinstatement. Upon the filing of a record
reinstating a financing statement under subsection 8, the
effectiveness of the financing statement is reinstated and the
financing statement shall be considered never to have been
terminated under this section except as against a purchaser of
the collateral that gives value in reasonable reliance upon
the termination. A continuation statement filed as provided
in section 554.9515, subsection 4, after the effective date of
a termination statement filed under subsection 3 or 11 becomes
effective if the financing statement is reinstated.
10. Liability for wrongful filing. If, in an action under
subsection 6, the court determines that the filed record
identified in an affidavit delivered to the filing office under
subsection 2 was caused to be communicated to the filing office
with the intent to harass or defraud the affiant, the filing
office and the affiant may recover from the secured party that
filed the action the costs and expenses, including reasonable
attorney fees and the reasonable allocated costs of internal
counsel, that the filing office and the affiant incurred in the
action. This recovery is in addition to any recovery to which
the affiant is entitled under section 554.9625.
11. Procedure for record filed by trusted filer. If an
-8-affidavit delivered to a filing office under subsection 2
relates to a filed record communicated to the filing office by
a trusted filer, the filing office shall promptly send to the
secured party of record a notice stating that the affidavit has
been delivered to the filing office and that the filing office
is conducting an administrative review to determine whether the
record was caused to be communicated with the intent to harass
or defraud the affiant. The notice shall be sent by certified
mail, return receipt requested, to the address provided for
the secured party in the financing statement with a copy sent
by electronic mail to the electronic mail address provided
by the secured party of record, if any, and a copy shall be
sent in the same manner to the affiant. The administrative
review shall be conducted on an expedited basis and the filing
office may require the affiant and the secured party of record
to provide any additional information that the filing office
deems appropriate. If the filing office concludes that the
record was caused to be communicated with the intent to harass
or defraud the affiant, the filing office shall promptly file a
termination statement under subsection 2 that will be effective
immediately and send to the secured party of record the notice
required by subsection 5. The secured party may thereafter
file an action for reinstatement under subsection 6 and the
provisions of subsections 7 through 10 are applicable.
Sec. 11. NEW SECTION. 714.29 Records filed with intent to
harass or defraud.
1. A person shall not cause to be communicated to the filing
office as defined in section 554.9102 for filing a record if
all of the following are true:
a. The person is not authorized to file the record under
section 554.9509.
b. The record is not related to an existing or anticipated
transaction that is or will be governed by chapter 554, article
9.
c. The record is filed with the intent to harass or defraud
-9-the person identified as debtor in the record.
2. A person that violates subsection 1 is guilty of a simple
misdemeanor for a first offense and a serious misdemeanor for a
second or subsequent offense.
DIVISION III
Qualified Immunity
Sec. 12. NEW SECTION. 669.14A Qualified immunity.
1. Notwithstanding any other provision of law, an employee
of the state subject to a claim brought under this chapter
shall not be liable for monetary damages if any of the
following apply:
a. The right, privilege, or immunity secured by law was not
clearly established at the time of the alleged deprivation,
or at the time of the alleged deprivation the state of the
law was not sufficiently clear that every reasonable employee
would have understood that the conduct alleged constituted a
violation of law.
b. A court of competent jurisdiction has issued a final
decision on the merits holding, without reversal, vacatur, or
preemption, that the specific conduct alleged to be unlawful
was consistent with the law.
2. The state or a state agency shall not be liable for
any claim brought under this chapter where the employee
was determined to be protected by qualified immunity under
subsection 1.
3. A plaintiff who brings a claim under this chapter
alleging a violation of the law must state with particularity
the circumstances constituting the violation and that the law
was clearly established at the time of the alleged violation.
Failure to plead a plausible violation or failure to plead that
the law was clearly established at the time of the alleged
violation shall result in dismissal with prejudice.
4. Any decision by the district court denying qualified
immunity shall be immediately appealable.
5. This section shall apply in addition to any other
-10-statutory or common law immunity.
Sec. 13. NEW SECTION. 669.26 Money damages — nonwaiver
of rights.
This chapter shall not be construed to be a waiver of
sovereign immunity for a claim for money damages under the
Constitution of the State of Iowa.
Sec. 14. NEW SECTION. 670.4A Qualified immunity.
1. Notwithstanding any other provision of law, an employee
or officer subject to a claim brought under this chapter shall
not be liable for monetary damages if any of the following
apply:
a. The right, privilege, or immunity secured by law was not
clearly established at the time of the alleged deprivation,
or at the time of the alleged deprivation the state of the
law was not sufficiently clear that every reasonable employee
would have understood that the conduct alleged constituted a
violation of law.
b. A court of competent jurisdiction has issued a final
decision on the merits holding, without reversal, vacatur, or
preemption, that the specific conduct alleged to be unlawful
was consistent with the law.
2. A municipality shall not be liable for any claim brought
under this chapter where the employee or officer was determined
to be protected by qualified immunity under subsection 1.
3. A plaintiff who brings a claim under this chapter
alleging a violation of the law must state with particularity
the circumstances constituting the violation and that the law
was clearly established at the time of the alleged violation.
Failure to plead a plausible violation or failure to plead that
the law was clearly established at the time of the alleged
violation shall result in dismissal with prejudice.
4. Any decision by the district court denying qualified
immunity shall be immediately appealable.
5. This section shall apply in addition to any other
statutory or common law immunity.
-11- Sec. 15. NEW SECTION. 670.14 Money damages — nonwaiver
of rights.
This chapter shall not be construed to be a waiver of
sovereign immunity for a claim for money damages under the
Constitution of the State of Iowa.
Sec. 16. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION IV
peace officer, public safety, and emergency personnel bill of
rights
Sec. 17. Section 80F.1, subsection 1, paragraph a, Code
2021, is amended to read as follows:
a. “Complaint” means a formal written allegation signed
by the complainant or a signed written statement by an
officer receiving an oral complaint stating the complainant’s
allegation.
Sec. 18. Section 80F.1, subsections 3, 5, 8, 9, 13, and 18,
Code 2021, are amended to read as follows:
3. A formal administrative investigation of an officer
shall be commenced and completed in a reasonable period of time
and an. An officer shall be immediately notified in writing
of the results of the investigation when the investigation is
completed.
5. 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.
8. a. The officer shall have the right to have the
assistance of legal counsel present, at the officer’s expense,
during the interview of the officer and during hearings or
other disciplinary or administrative proceedings relating
-12-to the complaint. In addition, the officer shall have the
right, at the officer’s expense, to have a union representative
present during the interview or, if not a member of a union,
the officer shall have the right to have a designee present.
b. The officer’s legal counsel, union representative, or
employee representative shall not be compelled to disclose in
any judicial proceeding, nor be subject to any investigation
or punitive action for refusing to disclose, any information
received from an officer under investigation or from an
agent of the officer, so long as the officer or agent of the
officer is an uninvolved party and not considered a witness
to any incident. The officer’s legal counsel may coordinate
and communicate in confidence with the officer’s designated
union representative or employee representative, and such
communications are not subject to discovery in any proceeding.
9. If a formal administrative investigation results in
the removal, discharge, or suspension, or other disciplinary
action against an officer, copies of any witness statements
and the complete investigative agency’s report shall be timely
provided to the officer upon the request of the officer or the
officer’s legal counsel upon request at the completion of the
investigation.
13. An officer shall have the right to pursue civil remedies
under the law bring a cause of action against a citizen 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.
18. A municipality, county, or state agency employing
an officer shall not publicly release the officer’s official
photograph without the written permission of the officer or
without a request to release pursuant to chapter 22. An
officer’s personal information including but not limited to the
officer’s home address, personal telephone number, personal
-13-electronic mail address, date of birth, social security number,
and driver’s license number shall be confidential and shall be
redacted from any record prior to the record’s release to the
public by the employing agency. Nothing in this subsection
prohibits the release of an officer’s photograph or unredacted
personal information to the officer’s legal counsel, union
representative, or designated employee representative upon the
officer’s request.
Sec. 19. Section 80F.1, Code 2021, is amended by adding the
following new subsections:
NEW SUBSECTION. 20. The employing agency shall keep
an officer’s statement, recordings, or transcripts of any
interviews or disciplinary proceedings, and any complaints
made against an officer confidential unless otherwise provided
by law or with the officer’s written consent. Nothing in
this section prohibits the release of an officer’s statement,
recordings, or transcripts of any interviews or disciplinary
proceedings, and any complaints made against an officer to
the officer or the officer’s legal counsel upon the officer’s
request.
NEW SUBSECTION. 21. An agency employing full-time or
part-time officers shall provide training to any officer or
supervisor who performs or supervises an investigation under
this section, and shall maintain documentation of any training
related to this section. The Iowa law enforcement academy
shall adopt minimum training standards not inconsistent with
this subsection, including training standards concerning
interviewing an officer subject to a complaint.
NEW SUBSECTION. 22. Upon written request, the employing
agency shall provide to the requesting officer or the officer’s
legal counsel a copy of the officer’s personnel file and
training records regardless of whether the officer is subject
to a formal administrative investigation at the time of the
request.
DIVISION V
-14-OFFICER DISCIPLINARY ACTIONS
Sec. 20. Section 80F.1, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 23. a. An officer shall not be discharged,
disciplined, or threatened with discharge or discipline by a
state, county, or municipal law enforcement agency solely due
to a prosecuting attorney making a determination or disclosure
that exculpatory evidence exists concerning the officer.
b. This subsection does not prohibit a law enforcement
agency from dismissing, suspending, demoting, or taking other
disciplinary actions against an officer based on the underlying
actions that resulted in the exculpatory evidence being
withheld. If a collective bargaining agreement applies, the
actions taken by the law enforcement agency shall conform to
the rules and procedures adopted by the collective bargaining
agreement.
c. This subsection is repealed July 1, 2022.
Sec. 21. BRADY-GIGLIO LIST INTERIM COMMITTEE.
1. The legislative council is requested to establish a
Brady-Giglio list interim committee for the 2021 interim. The
purpose of the committee shall be to do all of the following:
a. Study the disclosure of information contained in officer
personnel files as such information relates to a Brady-Giglio
list.
b. Study the efficiency of implementing a statewide system
for a Brady-Giglio list, identifying impartial entities to
conduct investigations pertaining to an officer’s acts or
omissions to act, and recommending the appropriate procedures,
due process protections, appeal rights, and criteria for the
placement and removal of an officer’s name on and from a
Brady-Giglio list.
c. Study any other issues that the committee determines
relevant to its objective. The committee may solicit the
advice or testimony of any organization or individual with
information or expertise relevant to the purpose of the
-15-committee.
2. The committee shall consist of three members of the
senate appointed by the majority leader of the senate, two
members of the senate appointed by the minority leader of
the senate, three members of the house of representatives
appointed by the speaker of the house of representatives,
and two members of the house of representatives appointed
by the minority leader of the house of representatives.
Additional committee members shall include the commissioner
of the department of public safety or the commissioner’s
designee, a district court judge appointed by the supreme
court, two representatives from the Iowa sheriffs and deputies
association, and one representative from each of the following:
the Iowa county attorneys association, the Iowa police chiefs
association, the Iowa state police association, the Iowa peace
officers association, the Iowa fraternal order of police,
the Iowa professional fire fighters, the Iowa state troopers
association, and the Iowa state patrol supervisors association.
The Iowa sheriffs and deputies association members shall
include an officer in a supervisory position and an officer who
does not hold rank.
3. The committee shall elect a chairperson from the members
appointed.
4. The committee shall issue a report, including findings
and recommendations, to the governor and the general assembly
no later than December 16, 2021.
5. For the purposes of this section, “Brady-Giglio list”
means a list of officers maintained by the county attorney’s
office, including officers who may not have disclosed all
impeachment information and officers who may have violated the
pretrial discovery rule requiring officers to turn over all
evidence that might be used to exonerate a defendant.
DIVISION VI
Peace Officers — health plan
Sec. 22. NEW SECTION. 80.6A Peace officers — health
-16-insurance.
1. a. Notwithstanding any provision to the contrary, peace
officers employed within the department that are not covered
under a collective bargaining agreement who were at any time
eligible to be enrolled in the group health insurance plan
that is negotiated under chapter 20 between the state and the
state police officers council labor union and who elect to
participate in a group health insurance plan provided by the
state, shall only be permitted to participate in the group
health insurance plan that is negotiated under chapter 20
between the state and the state police officers council labor
union for peace officers subject to the requirements of this
subsection. In addition, a peace officer who was covered under
a collective bargaining agreement and who becomes a manager
or supervisor and is no longer covered by the agreement shall
not lose group health insurance benefits as provided by the
agreement.
b. Notwithstanding any provision to the contrary, beginning
January 1, 2021, a peace officer or surviving spouse who is
participating in a group health insurance plan shall have the
option, upon retirement or approval for death benefits for an
eligible surviving spouse, to participate in the group health
insurance plan that is negotiated under chapter 20 between
the state and the state police officers council labor union
pursuant to section 509A.13 subject to the requirements of this
section.
2. The department shall be authorized to retain any savings
to the department for peace officers participating in the group
health insurance plan pursuant to subsection 1 from moneys
appropriated to the department.
Sec. 23. NEW SECTION. 456A.13A Full-time officers — health
insurance.
1. a. Notwithstanding any provision to the contrary,
full-time officers as defined in section 456A.13 that are not
covered under a collective bargaining agreement who were at
-17-any time eligible to be enrolled in the group health insurance
plan that is negotiated under chapter 20 between the state
and the state police officers council labor union and who
elect to participate in a group health insurance plan provided
by the state, shall only be permitted to participate in the
group health insurance plan that is negotiated under chapter
20 between the state and the state police officers council
labor union for full-time officers subject to the requirements
of this subsection. In addition, a full-time officer who
was covered under a collective bargaining agreement and who
becomes a manager or supervisor and is no longer covered by
the agreement shall not lose group health insurance benefits
as provided by the agreement.
b. Notwithstanding any provision to the contrary, a
full-time officer participating in the group health insurance
plan pursuant to paragraph “a” shall have the option, upon
retirement, to continue participation in the group health
insurance plan pursuant to section 509A.13 subject to the
requirements of this section. However, a full-time officer who
was not covered under a collective bargaining agreement and not
participating in the group health insurance plan as provided by
this section at the time of retirement shall not be allowed to
participate in the group health insurance plan negotiated under
chapter 20 between the state and the state police officers
council upon retirement.
2. The department shall calculate the savings to the
department for full-time officers employed in the law
enforcement bureau of the department who are participating in
the group health insurance plan pursuant to subsection 1. The
department shall transfer to the state fish and game protection
fund created in section 456A.17 from moneys appropriated to the
department an amount equal to the savings calculated by the
department. In addition, the department shall be authorized
to retain any savings to the department for full-time officers
who are not employed in the law enforcement bureau of the
-18-department participating in the group health insurance plan
pursuant to subsection 1 from moneys appropriated to the
department.
Sec. 24. GROUP HEALTH INSURANCE PLAN REPORTING — STATE
POLICE OFFICERS COUNCIL. Prior to July 1 of each calendar
year, if group health insurance is offered to employees who
are not covered by a collective bargaining agreement, the
provider of the group health insurance plan negotiated under
chapter 20 between the state and the state police officers
council labor union shall submit a report to the state police
officers council and the departments of public safety and
natural resources necessary for purposes of complying with
the requirements of sections 80.6A and 456A.13A. The report
shall include usage statistics that separately account for
employees in the group health insurance plan covered by a
collective bargaining agreement negotiated by the state police
officers council and those employees that are not covered
by a collective bargaining agreement and shall include any
information that led to any premium rate increase or decrease
for the following calendar year.
Sec. 25. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
Sec. 26. RETROACTIVE APPLICABILITY. The following applies
retroactively to January 1, 2021:
The portion of the section of this division of this Act
enacting section 80.6A, subsection 1, paragraph “b”.
DIVISION VII
WORKERS’ COMPENSATION DISABILITY MEDICAL BENEFITS
Sec. 27. Section 97A.6, subsection 11, Code 2021, is amended
to read as follows:
11. Pensions offset by compensation benefits.
a. Any amounts which may be paid or payable by the state
under the provisions of any workers’ compensation or similar
law to a member or to the dependents of a member on account of
any disability or death, shall be offset against and payable
-19-in lieu of any benefits payable out of the retirement fund
provided by the state under the provisions of this chapter on
account of the same disability or death. In case the present
value of the total commuted benefits under said workers’
compensation or similar law is less than the present value
of the benefits otherwise payable from the retirement fund
provided by the state under this chapter, then the present
value of the commuted payments shall be deducted from the
pension payable and such benefits as may be provided by the
system so reduced shall be payable under the provisions of this
chapter.
b. Notwithstanding paragraph “a”, any workers’ compensation
benefits received by a member for past medical expenses or
future medical expenses shall not be offset against and not
considered payable in lieu of any retirement allowance payable
pursuant to this section on account of the same disability.
c. Notwithstanding paragraph “a”, any workers’ compensation
benefits received by a member for reimbursement of vacation
time used, sick time used, or for any unpaid time off from work
shall not be offset against and not considered payable in lieu
of any retirement allowance payable pursuant to this section on
account of the same disability.
Sec. 28. Section 97B.50A, subsection 5, Code 2021, is
amended to read as follows:
5. Offset to allowance.
a. Notwithstanding any provisions to the contrary in state
law, or any applicable contract or policy, any amounts which
may be paid or payable by the employer under any workers’
compensation, unemployment compensation, employer-paid
disability plan, program, or policy, or other law to a member,
and any disability payments the member receives pursuant to
the federal Social Security Act, 42 U.S.C. §423 et seq.,
shall be offset against and payable in lieu of any retirement
allowance payable pursuant to this section on account of the
same disability.
-20- b. Notwithstanding paragraph “a”, any workers’ compensation
benefits received by a member for past medical expenses or
future medical expenses shall not be offset against and not
considered payable in lieu of any retirement allowance payable
pursuant to this section on account of the same disability.
c. Notwithstanding paragraph “a”, any workers’ compensation
benefits received by a member for reimbursement of vacation
time used, sick time used, or for any unpaid time off from work
shall not be offset against and not considered payable in lieu
of any retirement allowance payable pursuant to this section on
account of the same disability.
Sec. 29. Section 97B.50A, Code 2021, is amended by adding
the following new subsection:
NEW SUBSECTION. 8A. Medical benefits. An employer shall
furnish reasonable surgical, medical, dental, osteopathic,
chiropractic, podiatric, physical rehabilitation, nursing,
ambulance, and hospital services and supplies for a member who
is injured in the performance of the member’s duties and is
receiving an in-service disability retirement allowance under
subsection 2 or has waived an in-service disability retirement
allowance under subsection 4, regardless of when the injury
occurred or when the member’s in-service disability allowance
commenced.
DIVISION VIII
ENFORCEMENT OF LAWS — PEACE OFFICERS CARRYING FIREARMS
Sec. 30. NEW SECTION. 27B.1 Definitions.
1. “Local entity” means the governing body of a city or
county. “Local entity” includes an officer or employee of a
local entity or a division, department, or other body that is
part of a local entity, including but not limited to a sheriff,
police department, city attorney, or county attorney.
2. “Policy” includes a rule, procedure, regulation, order,
ordinance, motion, resolution, or amendment, whether formal and
written or informal and unwritten.
Sec. 31. NEW SECTION. 27B.2 Restriction on enforcement of
-21-state, local, and municipal law prohibited.
A local entity or law enforcement department shall not
adopt or enforce a policy or take any other action under which
the local entity or law enforcement department prohibits or
discourages the enforcement of state, local, or municipal laws.
Sec. 32. NEW SECTION. 27B.3 Discrimination prohibited.
A local entity or a person employed by or otherwise under the
direction or control of a local entity shall not consider race,
skin color, language spoken, or national origin while enforcing
state, local, and municipal laws except to the extent permitted
by the Constitution of the United States or the Constitution of
the State of Iowa.
Sec. 33. NEW SECTION. 27B.4 Complaints — notification —
civil action.
1. Any person may file a complaint with the attorney general
alleging that a local entity 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. A local entity for which the attorney general has
received a complaint pursuant to this section shall comply
with any document requests, including a request for supporting
documents, from the attorney general relating to the complaint.
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 was intentional.
4. If the attorney general determines that a complaint filed
pursuant to this section against a local entity 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 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
-22-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
does not come into compliance with the requirements of this
chapter.
d. The local entity and any entity that is under the
jurisdiction of the local entity 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 receives written notification under subsection 4, the
local entity shall provide the attorney general with all of the
following:
a. Copies of all of the local entity’s written policies
relating to the complaint.
b. A description of all actions the local entity 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.
Sec. 34. NEW SECTION. 27B.5 Denial of state funds.
1. Notwithstanding any other provision of law to the
contrary, a local entity, including any entity under the
jurisdiction of the local entity, shall be ineligible to
receive any state funds if the local entity intentionally
violates this chapter.
2. State funds shall be denied to a local entity pursuant
to subsection 1 by all state agencies for each state fiscal
year that begins after the date on which a final judicial
-23-determination that the local entity has intentionally violated
this chapter is made in a civil action brought pursuant to
section 27B.4, subsection 6. State funds shall continue
to be denied until eligibility to receive state funds is
reinstated under section 27B.6. However, any state funds for
the provision of wearable body protective gear used for law
enforcement purposes shall not be denied under this section.
3. The department of management shall adopt rules pursuant
to chapter 17A to implement this section and section 27B.6
uniformly across state agencies from which state funds are
distributed to local entities.
Sec. 35. NEW SECTION. 27B.6 Reinstatement of eligibility
to receive state funds.
1. Except as provided by subsection 5, no earlier than
ninety days after the date of a final judicial determination
that a local entity has intentionally violated the provisions
of this chapter, the local entity 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 is in full compliance with this chapter.
2. A local entity 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.
3. If the court issues a declaratory judgment declaring that
the local entity is in full compliance with this chapter, the
local entity’s eligibility to receive state funds is reinstated
beginning on the first day of the month following the date on
which the declaratory judgment is issued.
4. A local entity shall not petition the court as described
in subsection 1 more than twice in one twelve-month period.
5. A local entity 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 at the time of the violation of this chapter is
-24-subsequently removed from or otherwise leaves office.
6. A party shall not be entitled to recover any attorney
fees in a civil action described by subsection 1.
Sec. 36. NEW SECTION. 27B.7 Attorney general database.
The attorney general shall develop and maintain a searchable
database listing each local entity for which a final judicial
determination described in section 27B.5, subsection 2, has
been made. The attorney general shall post the database on the
attorney general’s internet site.
Sec. 37. NEW SECTION. 724.4D Authority to carry firearm
— peace officers.
A peace officer shall not be prohibited from carrying a
firearm while engaged in the performance of official duties.
Sec. 38. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION IX
ASSAULTS INVOLVING LASERS — ASSAULT — HARASSMENT
Sec. 39. Section 708.1, subsection 2, Code 2021, is amended
by adding the following new paragraph:
NEW PARAGRAPH. d. (1) Intentionally points a laser
emitting a visible light beam at another person with the intent
to cause pain or injury to another. For purposes of this
paragraph, “laser” means a device that emits a visible light
beam amplified by the stimulated emission of radiation and any
light which simulates the appearance of a laser.
(2) This paragraph does not apply to any of the following:
(a) A law enforcement officer who uses a laser in
discharging or attempting to discharge the officer’s official
duties.
(b) A health care professional who uses a laser in providing
services within the scope of practice of that professional or
any other person who is licensed or authorized by law to use a
laser or who uses a laser in the performance of the person’s
official duties.
(c) A person who uses a laser to play laser tag, paintball,
-25-and other similar games using light-emitting diode technology.
Sec. 40. Section 708.3A, subsections 1, 2, 3, and 4, Code
2021, are amended to read as follows:
1. A person who commits an assault, as defined in section
708.1, against a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of human services,
employee of the department of revenue, civilian employee of a
law enforcement agency, civilian employee of a fire department,
or fire fighter, whether paid or volunteer, with the knowledge
that the person against whom the assault is committed is a
peace officer, jailer, correctional staff, member or employee
of the board of parole, health care provider, employee of
the department of human services, employee of the department
of revenue, civilian employee of a law enforcement agency,
civilian employee of a fire department, or fire fighter and
with the intent to inflict a serious injury upon the peace
officer, jailer, correctional staff, member or employee of
the board of parole, health care provider, employee of the
department of human services, employee of the department
of revenue, civilian employee of a law enforcement agency,
civilian employee of a fire department, or fire fighter, is
guilty of a class “D” felony.
2. A person who commits an assault, as defined in section
708.1, against a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of human services,
employee of the department of revenue, civilian employee of a
law enforcement agency, civilian employee of a fire department,
or fire fighter, whether paid or volunteer, who knows that
the person against whom the assault is committed is a peace
officer, jailer, correctional staff, member or employee of
the board of parole, health care provider, employee of the
department of human services, employee of the department
of revenue, civilian employee of a law enforcement agency,
-26-civilian employee of a fire department, or fire fighter and
who uses or displays a dangerous weapon in connection with the
assault, is guilty of a class “D” felony.
3. A person who commits an assault, as defined in section
708.1, against a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of human services,
employee of the department of revenue, civilian employee of a
law enforcement agency, civilian employee of a fire department,
or fire fighter, whether paid or volunteer, who knows that
the person against whom the assault is committed is a peace
officer, jailer, correctional staff, member or employee of
the board of parole, health care provider, employee of the
department of human services, employee of the department
of revenue, civilian employee of a law enforcement agency,
civilian employee of a fire department, or fire fighter, and
who causes bodily injury or mental illness, is guilty of an
aggravated misdemeanor.
4. Any other assault, as defined in section 708.1, committed
against a peace officer, jailer, correctional staff, member
or employee of the board of parole, health care provider,
employee of the department of human services, employee of the
department of revenue, civilian employee of a law enforcement
agency, civilian employee of a fire department, or fire
fighter, whether paid or volunteer, by a person who knows
that the person against whom the assault is committed is a
peace officer, jailer, correctional staff, member or employee
of the board of parole, health care provider, employee of
the department of human services, employee of the department
of revenue, civilian employee of a law enforcement agency,
civilian employee of a fire department, or fire fighter, is a
serious misdemeanor.
Sec. 41. Section 708.7, subsection 2, paragraph a, Code
2021, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (4) Harassment that occurs against
-27-another person who is lawfully in a place of public
accommodation as defined in section 216.2.
Sec. 42. Section 716.4, subsection 1, Code 2021, is amended
to read as follows:
1. Criminal mischief is criminal mischief in the second
degree if the any of the following apply:
a. Thecost of replacing, repairing, or restoring the
property that is damaged, defaced, altered, or destroyed
exceeds one thousand five hundred dollars but does not exceed
ten thousand dollars.
b. The acts damaged, defaced, altered, or destroyed any
publicly owned property, including a monument or statue. In
addition to any sentence imposed for a violation of this
paragraph, the court shall include an order of restitution
for any property damage or loss incurred as a result of the
offense.
Sec. 43. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION X
public disorder
Sec. 44. Section 723.1, Code 2021, is amended to read as
follows:
723.1 Riot.
A riot is three or more persons assembled together in a
violent and disturbing manner, to the disturbance of others,
and with any use of unlawful force or violence by them or any
of them against another person, or causing property damage.
A person who willingly joins in or remains a part of a riot,
knowing or having reasonable grounds to believe that it is
such, commits an aggravated misdemeanor a class “D” felony.
Sec. 45. Section 723.2, Code 2021, is amended to read as
follows:
723.2 Unlawful assembly.
An unlawful assembly is three or more persons assembled
together, with them or any of them acting in a violent manner,
-28-and with intent that they or any of them will commit a public
offense. A person who willingly joins in or remains a part
of an unlawful assembly, or who joined a lawful assembly but
willingly remains after the assembly becomes unlawful, knowing
or having reasonable grounds to believe that it is such,
commits a simple an aggravated misdemeanor.
Sec. 46. Section 723.4, Code 2021, is amended by striking
the section and inserting in lieu thereof the following:
723.4 Disorderly conduct.
1. A person commits a simple misdemeanor when the person
does any of the following:
a. Engages in fighting or violent behavior in any public
place or in or near any lawful assembly of persons, provided,
that participants in athletic contests may engage in such
conduct which is reasonably related to that sport.
b. Makes loud and raucous noise in the vicinity of any
residence or public building which intentionally or recklessly
causes unreasonable distress to the occupants thereof.
c. Directs abusive epithets or makes any threatening gesture
which the person knows or reasonably should know is likely to
provoke a violent reaction by another.
d. Without lawful authority or color of authority, the
person disturbs any lawful assembly or meeting of persons by
conduct intended to disrupt the meeting or assembly.
e. By words or action, initiates or circulates a report or
warning of fire, epidemic, or other catastrophe, knowing such
report to be false or such warning to be baseless.
f. (1) Knowingly and publicly uses the flag of the United
States in such a manner as to show disrespect for the flag as
a symbol of the United States, with the intent or reasonable
expectation that such use will provoke or encourage another to
commit trespass or assault.
(2) As used in this paragraph:
(a) “Deface” means to intentionally mar the external
appearance.
-29- (b) “Defile” means to intentionally make physically unclean.
(c) “Flag” means a piece of woven cloth or other material
designed to be flown from a pole or mast.
(d) “Mutilate” means to intentionally cut up or alter so as
to make imperfect.
(e) “Show disrespect” means to deface, defile, mutilate, or
trample.
(f) “Trample” means to intentionally tread upon or
intentionally cause a machine, vehicle, or animal to tread
upon.
(3) This paragraph does not apply to a flag retirement
ceremony conducted pursuant to federal law.
2. A person commits a serious misdemeanor when the person,
without lawful authority or color of authority, obstructs any
street, sidewalk, highway, or other public way, with the intent
to prevent or hinder its lawful use by others.
3. A person commits an aggravated misdemeanor when the
person commits disorderly conduct as described in subsection 2
and does any of the following:
a. Obstructs or attempts to obstruct a fully
controlled-access facility on a highway, street, or road in
which the speed restriction is controlled by section 321.285,
subsection 3, or section 321.285, subsection 5.
b. Commits property damage.
c. Is present during an unlawful assembly as defined in
section 723.2.
4. A person commits a class “D” felony when the person
commits disorderly conduct as described in subsection 2 and
does any of the following:
a. Is present during a riot as defined in section 723.1.
b. Causes bodily injury.
5. A person commits a class “C” felony when the person
commits disorderly conduct as described in subsection 2 and the
person causes serious bodily injury or death.
Sec. 47. NEW SECTION. 723.6 Interference with public
-30-disorder control.
Any person who possesses a tool, instrument, or device with
the intent to suppress or disrupt law enforcement from legally
deploying a device to control public disorder under this
chapter commits an aggravated misdemeanor.
Sec. 48. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION XI
ELUDING LAW ENFORCEMENT — ACTS ON CERTAIN HIGHWAYS — CIVIL
LIABILITY
Sec. 49. Section 321.279, Code 2021, is amended to read as
follows:
321.279 Eluding or attempting to elude pursuing law
enforcement vehicle.
1. a. The driver of a motor vehicle commits a serious
misdemeanor if the driver willfully fails to bring the motor
vehicle to a stop or otherwise eludes or attempts to elude a
marked or unmarked official law enforcement vehicle driven by a
uniformed peace officer after being given a visual and audible
signal to stop. The signal given by the peace officer shall
be by flashing red light, or by flashing red and blue lights,
and siren. For purposes of this section, “peace officer” means
those officers designated under section 801.4, subsection 11,
paragraphs “a”, “b”, “c”, “f”, “g”, and “h”.
b. The driver of a motor vehicle who commits a second or
subsequent violation under this subsection is, upon conviction,
guilty of an aggravated misdemeanor.
2. a. The driver of a motor vehicle commits an aggravated
misdemeanor if the driver willfully fails to bring the motor
vehicle to a stop or otherwise eludes or attempts to elude a
marked or unmarked official law enforcement vehicle that is
driven by a uniformed peace officer after being given a visual
and audible signal as provided in this section and in doing so
exceeds the speed limit by twenty-five miles per hour or more.
b. The driver of a motor vehicle who commits a violation
-31-under this subsection and who has previously committed a
violation under this subsection or subsection 3 is, upon
conviction, guilty of a class “D” felony.
3. a. The driver of a motor vehicle commits a class “D”
felony if the driver willfully fails to bring the motor vehicle
to a stop or otherwise eludes or attempts to elude a marked or
unmarked official law enforcement vehicle that is driven by a
uniformed peace officer after being given a visual and audible
signal as provided in this section, and in doing so exceeds the
speed limit by twenty-five miles per hour or more, and if any
of the following occurs:
(1) The driver is participating in a public offense, as
defined in section 702.13, that is a felony.
(2) The driver is in violation of section 321J.2.
(3) The driver is in violation of section 124.401.
(4) The offense results in bodily injury to a person other
than the driver.
b. The driver of a motor vehicle who commits a second or
subsequent violation under this subsection is, upon conviction,
guilty of a class “C” felony.
Sec. 50. Section 321.366, subsection 1, Code 2021, is
amended by adding the following new paragraph:
NEW PARAGRAPH. g. Operate a bicycle, skateboard, or other
pedestrian conveyance or be a pedestrian anywhere on a fully
controlled-access facility. For purposes of this paragraph,
“pedestrian conveyance” means any human-powered device by which
a pedestrian may move other than by walking or by which a
walking person may move another pedestrian, including but not
limited to strollers and wheelchairs.
Sec. 51. NEW SECTION. 321.366A Immunity from civil
liability for certain vehicle operators.
1. The driver of a vehicle who is exercising due care and
who injures another person who is participating in a protest,
demonstration, riot, or unlawful assembly or who is engaging in
disorderly conduct and is blocking traffic in a public street
-32-or highway shall be immune from civil liability for the injury
caused by the driver of the vehicle.
2. The driver of a vehicle who injures another person
who is participating in a protest, demonstration, riot, or
unlawful assembly or who is engaging in disorderly conduct and
is blocking traffic in a public street or highway shall not
be immune from civil liability if the actions leading to the
injury caused by the driver of a vehicle constitute reckless
or willful misconduct.
3. Subsection 1 shall not apply if the injured person
participating in a protest or demonstration was doing so with a
valid permit allowing persons to protest or demonstrate on the
public street or highway where the injury occurred.
Sec. 52. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION XII
WINDOW TINTING
Sec. 53. Section 321.438, subsection 2, Code 2021, is
amended to read as follows:
2. A person shall not operate on the highway a motor
vehicle equipped with a front windshield, a side window to the
immediate right or left of the driver, or a side-wing sidewing
forward of and to the left or right of the driver which is
excessively dark or reflective so that it is difficult for a
person outside the motor vehicle to see into the motor vehicle
through the windshield, window, or sidewing.
a. The department shall adopt rules establishing a minimum
measurable standard of transparency which shall apply to
violations of this subsection.
b. This subsection does not apply to a person who operates
a motor vehicle owned or leased by a federal, state, or local
law enforcement agency if the operation is part of the person’s
official duties.
DIVISION XIII
sheriff salaries
-33- Sec. 54. Section 331.907, subsection 1, Code 2021, is
amended to read as follows:
1. The annual compensation of the auditor, treasurer,
recorder, sheriff, county attorney, and supervisors shall
be determined as provided in this section. The county
compensation board annually shall review the compensation
paid to comparable officers in other counties of this
state, other states, private enterprise, and the federal
government. In setting the salary of the county sheriff,
the county compensation board shall consider setting set the
sheriff’s salary so that it is comparable to salaries paid
to professional law enforcement administrators and command
officers of the state patrol, the division of criminal
investigation of the department of public safety, and city
police agencies in this state chiefs employed by cities of
similar population to the population of the county. The county
compensation board shall prepare a compensation schedule for
the elective county officers for the succeeding fiscal year. A
recommended compensation schedule requires a majority vote of
the membership of the county compensation board.
DIVISION XIV
CIVIL SERVICE COMMISSION EXAMINATIONS
Sec. 55. Section 400.8, subsection 2, Code 2021, is amended
to read as follows:
2. The commission shall establish the guidelines for
conducting the examinations under subsection 1 of this section.
It may prepare and administer the examinations or may The
commission shall hire persons with expertise to do so if the
commission approves the examinations prepare and administer
the examinations approved by the commission. It may also
hire persons with expertise to consult in the preparation of
such examinations if the persons so hired are employed to aid
personnel of the commission in assuring that a fair examination
is conducted. A fair examination shall explore the competence
of the applicant in the particular field of examination.
-34- Sec. 56. Section 400.9, subsection 2, Code 2021, is amended
to read as follows:
2. The commission shall establish guidelines for conducting
the examinations under subsection 1. It may prepare and
administer the examinations or may The commission shall hire
persons with expertise to do so if the commission approves
the examinations and if the examinations apply to prepare and
administer the examinations approved by the commission for
the position in the city for which the applicant is taking
the examination. It may also hire persons with expertise to
consult in the preparation of such examinations if the persons
so hired are employed to aid personnel of the commission
in assuring that a fair examination is conducted. A fair
examination shall explore the competence of the applicant in
the particular field of examination. The names of persons
approved to administer any examination under this section shall
be posted in the city hall at least twenty-four hours prior to
the examination.
______________________________
JAKE CHAPMAN
President of the Senate
______________________________
PAT GRASSLEY
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 342, Eighty-ninth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2021
______________________________
KIM REYNOLDS
Governor
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