House File 2404 - IntroducedA Bill ForAn Act 1relating to collective bargaining, health insurance for
2a surviving spouse and children of certain employees of the
3department of corrections, assaults on persons engaged in
4certain occupations, and certain operational and employment
5matters involving the department of corrections, and
6providing penalties.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2COLLECTIVE BARGAINING
3   Section 1.  Section 20.1, subsection 2, paragraph a, Code
42022, is amended to read as follows:
   5a.  Determining appropriate bargaining units, amending
6the composition of previously determined bargaining units
7represented by a certified employee organization, reconsidering
8and altering the composition of previously determined
9bargaining units which are not represented by a certified
10employee organization,
and conducting representation elections.
11   Sec. 2.  Section 20.3, subsection 11, Code 2022, is amended
12by adding the following new paragraphs:
13   NEW PARAGRAPH.  g.  An employee of the Iowa department of
14corrections who is responsible for the custody and supervision
15of inmates through ongoing direct inmate contact, to enforce
16and maintain discipline, safety, and security within a
17correctional facility.
18   NEW PARAGRAPH.  h.  A jailer or detention officer who
19performs duties as a jailer, including but not limited to the
20transportation of inmates, who is certified as having completed
21jailer training pursuant to chapter 80B, and who is employed
22by a county as a jailer.
23   NEW PARAGRAPH.  i.  An emergency dispatcher for a county
24sheriff.
25   NEW PARAGRAPH.  j.  A probation or parole officer employed by
26the Iowa department of corrections.
27   NEW PARAGRAPH.  k.  A residential officer employed by
28the department of corrections working at a community-based
29corrections residential facility.
30   Sec. 3.  Section 20.13, Code 2022, is amended to read as
31follows:
   3220.13  Bargaining unit determination, amendment, and
33reconsideration
.
   341.  Board The board’s determination of an appropriate
35bargaining unit shall be upon petition filed by a public
-1-1employer, public employee, or employee organization. Except
2as provided in subsection 4, the board’s amendment of the
3composition of a represented bargaining unit shall be upon
4petition filed by the employer or certified representative
5of the bargaining unit. The board’s reconsideration of the
6composition of a previously determined bargaining unit which is
7not represented by a certified representative shall be upon the
8combined petition of an employee organization which also seeks
9a representation election pursuant to section 20.14, subsection
102.

   112.  Within thirty days of receipt of a petition, the board
12shall conduct a public hearing, receive written or oral
13testimony, and promptly thereafter file an order defining
14the appropriate bargaining unit, amending or refusing to
15amend the composition of a represented bargaining unit or
16reconsidering and altering or refusing to alter the composition
17of an unrepresented bargaining unit
. In defining the unit,
 18or determining whether a unit should be amended or altered
19in response to a petition for amendment or reconsideration,

20 the board shall take into consideration, along with other
21relevant factors, the principles of efficient administration
22of government, the existence of a community of interest among
23public employees, the history and extent of public employee
24organization, geographical location, and the recommendations
25of the parties involved.
   263.  Appeals from such order shall be governed by the
27provisions of chapter 17A.
   284.    3.  Professional and nonprofessional employees shall not
29be included in the same bargaining unit unless a majority of
30both agree.
   314.  Notwithstanding the provisions of subsection 1, a
32petition to amend the composition of a represented bargaining
33unit by the removal of public safety employees may be filed
34by a public safety employee who is a member of the bargaining
35unit. If the petition is accompanied by evidence satisfactory
-2-1to the board that the public safety employees in the bargaining
2unit do not constitute at least thirty percent of the employees
3in the unit and that a majority of the public safety employees
4in the unit support the petition, the board shall conduct
5a hearing within thirty days of its finding such evidence
6satisfactory and shall promptly thereafter issue an order
7granting or denying the requested amendment. If the board
8amends the composition of the bargaining unit by removing
9public safety employees, those employees may immediately be the
10subject of a separate bargaining unit determination petition
11filed in accordance with subsection 1.
   125.  Appeals from such orders shall be governed by the
13provisions of chapter 17A.
14   Sec. 4.  Section 20.15, Code 2022, is amended by striking the
15section and inserting in lieu thereof the following:
   1620.15  Elections.
   171.  Upon the filing of a petition for certification of an
18employee organization, the board shall submit a question to
19the public employees at an election in the bargaining unit
20found appropriate by the board. The question on the ballot
21shall permit the public employees to vote for no bargaining
22representation or for any employee organization which has
23petitioned for certification or which has presented proof
24satisfactory to the board of support of ten percent or more of
25the public employees in the appropriate unit.
   262.  If a majority of the votes cast on the question is
27for no bargaining representation, the public employees in
28the bargaining unit found appropriate by the board shall not
29be represented by an employee organization. If a majority
30of the votes cast on the question is for a listed employee
31organization, then that employee organization shall represent
32the public employees in the bargaining unit found appropriate
33by the board.
   343.  If none of the choices on the ballot receives the vote
35of a majority of the public employees voting, the board shall
-3-1conduct a runoff election among the two choices receiving the
2greatest number of votes.
   34.  Upon written objections filed by any party to the
4election within ten days after notice of the results of
5the election, if the board finds that misconduct or other
6circumstances prevented the public employees eligible to
7vote from freely expressing their preferences, the board may
8invalidate the election and hold a second election for the
9public employees.
   105.  Upon completion of a valid election in which the majority
11choice of the employees voting is determined, the board shall
12certify the results of the election and shall give reasonable
13notice of the order to all employee organizations listed on the
14ballot, the public employers, and the public employees in the
15appropriate bargaining unit.
   166.  a.  A petition for certification as exclusive bargaining
17representative of a bargaining unit shall not be considered
18by the board for a period of one year from the date of the
19noncertification of an employee organization as the exclusive
20bargaining representative of that bargaining unit following a
21certification election. A petition for certification as the
22exclusive bargaining representative of a bargaining unit shall
23also not be considered by the board if the bargaining unit is
24at that time represented by a certified exclusive bargaining
25representative.
   26b.  A petition for the decertification of the exclusive
27bargaining representative of a bargaining unit shall not be
28considered by the board for a period of one year from the date
29of its certification, or within one year of its continued
30certification following a decertification election, or during
31the duration of a collective bargaining agreement which, for
32purposes of this section, shall be deemed not to exceed two
33years. However, if a petition for decertification is filed
34during the duration of a collective bargaining agreement, the
35board shall award an election under this section not more than
-4-1one hundred eighty days and not less than one hundred fifty
2days prior to the expiration of the collective bargaining
3agreement. If an employee organization is decertified, the
4board may receive petitions under section 20.14, provided that
5no such petition and no election conducted pursuant to such
6petition within one year from decertification shall include as
7a party the decertified employee organization.
   87.  A collective bargaining agreement with the state, its
9boards, commissions, departments, and agencies shall be for two
10years. The provisions of a collective bargaining agreement or
11arbitrator’s award affecting state employees shall not provide
12for renegotiations which would require the refinancing of
13salary and fringe benefits for the second year of the term of
14the agreement, except as provided in section 20.17, subsection
156. The effective date of any such agreement shall be July 1 of
16odd-numbered years, provided that if an exclusive bargaining
17representative is certified on a date which will prevent the
18negotiation of a collective bargaining agreement prior to
19July 1 of odd-numbered years for a period of two years, the
20certified collective bargaining representative may negotiate
21a one-year contract with the public employer which shall be
22effective from July 1 of the even-numbered year to July 1
23of the succeeding odd-numbered year when new contracts shall
24become effective.
25   Sec. 5.  Section 22.7, subsections 69 and 70, Code 2022, are
26amended to read as follows:
   2769.  The evidence of public employee support for
28the certification, retention and recertification, or
29decertification of an employee organization as defined in
30section 20.3 that is submitted to the public employment
31relations board as provided in section 20.14 or 20.15.
   3270.  Information indicating whether a public employee
33voted in a certification, retention and recertification, or
34decertification election held pursuant to section 20.15 or
35how the employee voted on any question on a ballot in such an
-5-1election.
2   Sec. 6.  Section 602.1401, subsection 3, paragraph b, Code
32022, is amended to read as follows:
   4b.  For purposes of chapter 20, the certified representative,
5which on July 1, 1983, represents employees who become judicial
6branch employees as a result of 1983 Iowa Acts, ch.186, shall
7remain the certified representative when the employees become
8judicial branch employees and thereafter, unless the public
9employee organization is not retained and recertified or is
10 decertified in an election held under section 20.15 or amended
11or absorbed into another certified organization pursuant to
12chapter 20. Collective bargaining negotiations shall be
13conducted on a statewide basis and the certified employee
14organizations which engage in bargaining shall negotiate on a
15statewide basis, although bargaining units shall be organized
16by judicial district. The public employment relations board
17shall adopt rules pursuant to chapter 17A to implement this
18subsection.
19   Sec. 7.  Section 905.4, subsection 2, Code 2022, is amended
20to read as follows:
   212.  Employ a director having the qualifications required by
22section 905.6 to head the district department’s community-based
23correctional program and, within a range established by the
24Iowa department of corrections, fix the compensation of and
25have control over the director and the district department’s
26staff. For purposes of collective bargaining under chapter
2720, employees of the district board who are not exempt from
28chapter 20 are employees of the state, and the employees of all
29of the district boards shall be included within one collective
30bargaining unit. Furthermore, employees of the district board
31shall be considered state employees for purposes of section
328A.415, subsection 2.

33   Sec. 8.  DIRECTIVES TO PUBLIC EMPLOYMENT RELATIONS BOARD.
   341.  The public employment relations board shall cancel any
35elections scheduled or in process pursuant to section 20.15,
-6-1subsection 2, Code 2022, as of the effective date of this
2division of this Act.
   32.  Notwithstanding section 20.15, subsection 1, paragraph
4“c”, Code 2022, the public employment relations board
5shall consider a petition for certification of an employee
6organization as the exclusive representative of a bargaining
7unit for which an employee organization was not retained and
8recertified as the exclusive representative of that bargaining
9unit regardless of the amount of time that has elapsed since
10the retention and recertification election at which an employee
11organization was not retained or recertified.
12DIVISION II
13HEALTH INSURANCE COVERAGE — SURVIVING SPOUSE AND CHILDREN OF
14CERTAIN DEPARTMENT OF CORRECTIONS EMPLOYEES
15   Sec. 9.  Section 509A.13D, subsection 3, Code 2022, is
16amended to read as follows:
   173.  The governing body of the state shall not be required
18to pay for the full cost of the health insurance under this
19section; however, the governing body of the state may pay the
20full cost or a portion of the cost of the health insurance
. If
21the full cost or a portion of the cost of the coverage is not
22paid by the governing body of the state, the surviving spouse
23and each surviving child who is eligible for health insurance
24under this section may elect to continue coverage by paying
25that portion of the cost of the health insurance not paid by
26the governing body of the state.

27DIVISION III
28ASSAULTS ON PERSONS ENGAGED IN CERTAIN OCCUPATIONS
29   Sec. 10.  Section 708.3A, subsections 3 and 4, Code 2022, are
30amended to read as follows:
   313.  A person who commits an assault, as defined in section
32708.1, against a peace officer, jailer, correctional staff,
33member or employee of the board of parole, health care
34provider, employee of the department of human services,
35employee of the department of revenue, civilian employee of a
-7-1law enforcement agency, civilian employee of a fire department,
2or fire fighter, whether paid or volunteer, who knows that
3the person against whom the assault is committed is a peace
4officer, jailer, correctional staff, member or employee of
5the board of parole, health care provider, employee of the
6department of human services, employee of the department
7of revenue, civilian employee of a law enforcement agency,
8civilian employee of a fire department, or fire fighter, and
9who causes bodily injury or mental illness, is guilty of an
10aggravated misdemeanor
 a class “D” felony.
   114.  Any other assault, as defined in section 708.1, committed
12against a peace officer, jailer, correctional staff, member
13or employee of the board of parole, health care provider,
14employee of the department of human services, employee of the
15department of revenue, civilian employee of a law enforcement
16agency, civilian employee of a fire department, or fire
17fighter, whether paid or volunteer, by a person who knows
18that the person against whom the assault is committed is a
19peace officer, jailer, correctional staff, member or employee
20of the board of parole, health care provider, employee of
21the department of human services, employee of the department
22of revenue, civilian employee of a law enforcement agency,
23civilian employee of a fire department, or fire fighter, is a
24serious misdemeanor
 an aggravated misdemeanor.
25   Sec. 11.  Section 708.3A, Code 2022, is amended by adding the
26following new subsections:
27   NEW SUBSECTION.  4A.  Any person who commits an assault,
28as defined in section 708.1, against a jailer or correctional
29staff while the person is in the custody and control of the
30department of corrections in a correctional institution,
31community-based correctional facility, or an institution under
32the management of the Iowa department of corrections which
33is used for the purposes of confinement of persons who have
34committed public offenses, or a county jail or other facility
35used for purposes of confinement of persons who have committed
-8-1public offenses, shall, upon conviction of a violation of
2this section, in addition to any other sentence imposed, lose
3one-half of all earned time accumulated pursuant to section
4903A.2 for a first conviction, and shall lose all earned
5time accumulated pursuant to section 903A.2 for a second or
6subsequent conviction.
7   NEW SUBSECTION.  4B.  If the county attorney of the county
8where a violation of this section occurs against a jailer
9or correctional staff by a person who is in the custody
10and control of the department of corrections while in any
11correctional institution or a county jail or other facility
12used for purposes of confinement fails to prosecute the case
13against the person, the area prosecutions division of the
14attorney general’s office may elect to prosecute the case.
15DIVISION IV
16DEPARTMENT OF CORRECTIONS
17   Sec. 12.  DEPARTMENT OF CORRECTIONS — CONTRABAND AND
18SURVEILLANCE CAMERAS — TRAUMA EVENTS.
   191.  For fiscal years beginning on or after July 1, 2022,
20the department of corrections shall increase funding for
21screening for contraband and surveillance cameras at all state
22correctional facilities and for upgrades to provide for an
23enhanced technology system to improve the safety and efficiency
24of operations at all state correctional facilities.
   252.  The department of corrections shall amend its
26administrative rules pursuant to chapter 17A to allow an
27employee of the department who has witnessed a trauma event to
28take between five and thirty days of paid leave depending upon
29the severity of the trauma event. If the appointing authority
30of a correctional institution determines that an employee
31has been held hostage, the employee shall be eligible for a
32paid leave of absence of up to ninety days, as determined by
33a licensed physician, to allow for recovery from stress and
34any related conditions. Such paid leave shall not be charged
35against the employee’s sick leave account.
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1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
   4This bill relates to collective bargaining, health insurance
5for a surviving spouse and children of certain employees of
6the department of corrections, assaults on persons engaged in
7certain occupations, and certain operational and employment
8matters involving the department of corrections.
   9DIVISION I — COLLECTIVE BARGAINING. The bill makes changes
10to public employment collective bargaining and bargaining unit
11determinations. The bill makes changes to the definition of
12a “public safety employee” to include a correctional officer,
13a jailer or detention officer, an emergency dispatcher, a
14probation or parole officer, and a residential officer working
15at a community-based corrections residential facility. The
16bill allows public safety employees to be the subject of a
17separate bargaining unit if they comprise fewer than 30 percent
18of the current unit and the majority of the public safety
19employees support a petition to form a new unit.
   20ELECTIONS. The bill strikes current Code section 20.15
21concerning the certification of public employee organization
22certification and replaces it with language which does
23not require recertification. The bill provides that upon
24the filing of a petition for certification of an employee
25organization, the public employment relations board shall
26submit a question to the public employees at an election in
27the bargaining unit found appropriate by the board. The
28public employees may vote for no bargaining representation
29or for any employee organization which has petitioned for
30certification or which has presented proof satisfactory to
31the board of support of 10 percent or more of the public
32employees in the appropriate unit. If none of the choices
33on the ballot receives the vote of a majority of the public
34employees voting, the board shall conduct a runoff election
35among the two choices receiving the greatest number of votes.
-10-1Upon completion of a valid election in which the majority
2choice of the employees voting is determined, the board shall
3certify the results of the election and shall give reasonable
4notice of the order to all employee organizations listed on the
5ballot, the public employers, and the public employees in the
6appropriate bargaining unit. A petition for certification as
7exclusive bargaining representative of a bargaining unit shall
8not be considered by the board for a period of one year from
9the date of the noncertification of an employee organization
10as the exclusive bargaining representative of that bargaining
11unit following a certification election, and a petition for
12certification as the exclusive bargaining representative of a
13bargaining unit shall not be considered by the board if the
14bargaining unit is at that time represented by a certified
15exclusive bargaining representative.
   16The bill provides that a petition for the decertification of
17the exclusive bargaining representative of a bargaining unit
18shall not be considered by the board for a period of one year
19from the date of its certification, or within one year of its
20continued certification following a decertification election,
21or during the duration of a collective bargaining agreement
22which, for purposes of the bill, shall be deemed not to exceed
23two years. A collective bargaining agreement with the state,
24its boards, commissions, departments, and agencies shall be for
25two years. The provisions of a collective bargaining agreement
26or arbitrator’s award affecting state employees shall not
27provide for renegotiations which would require the refinancing
28of salary and fringe benefits for the second year of the term
29of the agreement, except as provided in Code section 20.17(6).
   30DIVISION II — HEALTH INSURANCE COVERAGE — SURVIVING SPOUSE
31AND CHILDREN OF CERTAIN DEPARTMENT OF CORRECTIONS EMPLOYEES.
32 The bill provides that if the governing body of the state has
33procured health insurance coverage for its employees, the
34governing body of the state shall be required to pay for the
35full cost of continuing health insurance for the surviving
-11-1spouse and any surviving children of an employee of the Iowa
2department of corrections whose death has been determined
3by the department to be the direct and proximate result of
4a traumatic personal injury incurred in the line of duty.
5Current law provides that the governing body of the state shall
6not be required to pay for the cost of the health insurance
7for a surviving spouse and any surviving children under such
8circumstances; however, the governing body of the state may pay
9the full cost or a portion of the cost of the health insurance.
   10DIVISION III — ASSAULTS ON PERSONS ENGAGED IN CERTAIN
11OCCUPATIONS. The bill increases the penalties for a person
12who commits an assault, as provided in Code section 708.1,
13against a peace officer, jailer, correctional staff, member or
14employee of the board of parole, health care provider, employee
15of the department of human services, employee of the department
16of revenue, civilian employee of a law enforcement agency,
17civilian employee of a fire department, or fire fighter,
18whether paid or volunteer, who knows that the person against
19whom the assault is committed is a peace officer, jailer,
20correctional staff, member or employee of the board of parole,
21health care provider, employee of the department of human
22services, employee of the department of revenue, civilian
23employee of a law enforcement agency, civilian employee of a
24fire department, or fire fighter which causes bodily injury or
25mental illness from an aggravated misdemeanor to a class “D”
26felony, or for any other assault from a serious misdemeanor to
27an aggravated misdemeanor. A class “D” felony is punishable by
28confinement for no more than five years and a fine of at least
29$1,025 but not more than $10,245. An aggravated misdemeanor is
30punishable by confinement for no more than two years and a fine
31of at least $855 but not more than $8,540.
   32The bill provides that any person who commits an assault, as
33defined in Code section 708.1, against a jailer or correctional
34staff, while the person is in the custody and control of
35the department of corrections in a correctional institution,
-12-1community-based correctional facility, or an institution under
2the management of the Iowa department of corrections which
3is used for the purposes of confinement of persons who have
4committed public offenses, or a county jail or other facility
5used for purposes of confinement of persons who have committed
6public offenses, shall, upon conviction of a violation of the
7bill, in addition to any other sentence imposed, lose one-half
8of all earned time accumulated pursuant to Code section 903A.2
9for a first conviction, and shall lose all earned time for a
10second or subsequent conviction.
   11The bill provides that if the county attorney of the
12county where a violation of the bill occurs against a jailer
13or correctional staff by a person who is in the custody and
14control of the department of corrections in any correctional
15institution or a county jail or other facility used for
16purposes of confinement fails to prosecute the case against
17the person, the area prosecutions division of the attorney
18general’s office may elect to prosecute the case.
   19DIVISION IV — DEPARTMENT OF CORRECTIONS — CONTRABAND AND
20SURVEILLANCE CAMERAS — TRAUMA EVENTS. The bill provides
21that for fiscal years beginning on or after July 1, 2022,
22the department of corrections shall increase funding for
23screening for contraband and surveillance cameras at all state
24correctional facilities and for upgrades to provide an enhanced
25system to improve the safety and efficiency of operations
26at all state correctional facilities. The department of
27corrections shall amend its administrative rules to allow for
285 to 30 days of paid leave for employees of the department who
29have witnessed a trauma event and to allow for up to 90 days of
30paid leave for employees of the department who have been held
31hostage.
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