Senate File 438 - IntroducedA Bill ForAn Act 1relating to regents institutions and the enforcement
2of state, local, and municipal laws, and personal injury
3or illness of a peace officer employed by a regents
4institution.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2ENFORCEMENT OF STATE, LOCAL, AND MUNICIPAL LAWS
3   Section 1.  Section 27B.1, Code 2023, is amended by adding
4the following new subsection:
5   NEW SUBSECTION.  3.  “Regents institution” means the state
6university of Iowa, Iowa state university of science and
7technology, or the university of northern Iowa. “Regents
8institution”
includes an appointed official, officer, or
9employee of a division, department, or other body that is
10part of a regents institution, including but not limited to
11the department of public safety, human resources, or general
12counsel.
13   Sec. 2.  Section 27B.2, Code 2023, is amended to read as
14follows:
   1527B.2  Restriction on enforcement of state, local, and
16municipal law prohibited.
   17A local entity, regents institution, or law enforcement
18department shall not adopt or enforce a policy or take any
19other action under which the local entity, regents institution,
20 or law enforcement department prohibits or discourages the
21enforcement of state, local, or municipal laws.
22   Sec. 3.  Section 27B.4, Code 2023, is amended to read as
23follows:
   2427B.4  Complaints — notification — civil action.
   251.  Any person may file a complaint with the attorney
26general alleging that a local entity or regents institution
27 has violated or is violating this chapter if the person offers
28evidence to support such an allegation. The person shall
29include with the complaint any evidence the person has in
30support of the complaint.
   312.   The attorney general shall review the complaint and
32any evidence in support of the complaint.
A local entity
 33or regents institution for which the attorney general has
34received a complaint pursuant to this section shall comply
35with any reasonable document requests, including a request
-1-1for supporting documents, from the attorney general relating
2to the complaint. The attorney general shall maintain the
3confidentiality of all information and records of a local
4entity or regents institution produced in response to a
5document request relating to the complaint unless otherwise
6provided by law or a court order.

   73.  A complaint filed pursuant to subsection 1 shall not be
8valid unless the attorney general determines that a violation
9of this chapter by a local entity or regents institution was
10intentional or in reckless disregard for public safety.
   114.  If the attorney general determines that a complaint filed
12pursuant to this section against a local entity or regents
13institution
is valid, the attorney general, not later than ten
14days after the date of such a determination, shall provide
15written notification to the local entity or regents institution
16 by certified mail, with return receipt requested, stating all
17of the following:
   18a.  A complaint pursuant to this section has been filed and
19the grounds for the complaint.
   20b.  The attorney general has determined that the complaint is
21valid.
   22c.  The attorney general is authorized to file a civil
23action in district court pursuant to subsection 6 to enjoin a
24violation of this chapter no later than forty days after the
25date on which the notification is received if the local entity
 26or regents institution does not come into compliance with the
27requirements of this chapter.
   28d.  The local entity or regents institution and any entity
29that is under the jurisdiction of the local entity or regents
30institution
will be denied state funds pursuant to section
3127B.5 for the state fiscal year following the year in which a
32final judicial determination in a civil action brought under
33this section is made.
   345.  No later than thirty days after the date on which a local
35entity or regents institution receives written notification
-2-1under subsection 4, the local entity or regents institution
2 shall provide the attorney general with all of the following:
   3a.  Copies of all of the local entity’s or regents
4institution’s
written policies relating to the complaint.
   5b.  A description of all actions the local entity or regents
6institution
has taken or will take to correct any violations of
7this chapter.
   8c.  If applicable, any evidence that would refute the
9allegations made in the complaint.
   106.  No later than forty days after the date on which the
11notification pursuant to subsection 4 is received, the attorney
12general shall file a civil action in district court to enjoin
13any ongoing violation of this chapter by a local entity or
14regents institution
.
   157.  The district court hall have jurisdiction over an action
16brought pursuant to this section. The attorney general shall
17have the burden of proof by a preponderance of the evidence to
18establish a violation of this chapter.
19   Sec. 4.  Section 27B.6, subsections 1, 2, and 5, Code 2023,
20are amended to read as follows:
   211.  Except as provided by subsection 5, no earlier than
22ninety days after the date of a final judicial determination
23that a local entity or regents institution has intentionally
24violated the provisions of this chapter, the local entity or
25regents institution
may petition the district court that heard
26the civil action brought pursuant to section 27B.4, subsection
276, to seek a declaratory judgment that the local entity or
28regents institution
is in full compliance with this chapter.
   292.  A local entity or regents institution that petitions
30the court as described by subsection 1 shall comply with
31any document requests, including a request for supporting
32documents, from the attorney general relating to the action.
   335.  A local entity or regents institution may petition the
34court as described in subsection 1 before the date provided in
35subsection 1 if the person who was the director or other chief
-3-1officer of the local entity or regents institution at the time
2of the violation of this chapter is subsequently removed from
3or otherwise leaves office or employment.
4   Sec. 5.  NEW SECTION.  27B.8  Good-faith complaint — no
5retaliation.
   6A local entity or regents institution shall not blacklist
7or retaliate against an employee or official who makes
8a good-faith complaint under this chapter or who gives a
9statement or testimony in proceedings related to the complaint
10or action. A local entity or regents institution that
11retaliates against an employee who makes a good-faith complaint
12under this chapter is liable to an aggrieved employee for
13affirmative relief including reinstatement, civil damages,
14and any other equitable relief the court deems appropriate,
15including attorney fees and costs.
16DIVISION II
17PERSONAL INJURY OR ILLNESS — PEACE OFFICERS AT REGENTS
18institutions
19   Sec. 6.  NEW SECTION.  262.13A  Peace officers — personal
20injury or illness.
   21A regents institution employing a peace officer who sustains
22a personal injury or illness that arises out of and in the
23course of employment shall not remove, discharge, involuntarily
24transfer, or take adverse employment action against the peace
25officer due to temporary or permanent restrictions that limit
26or prohibit the peace officer from working special events,
27overtime, or a specific shift provided the peace officer is
28able to work any regular shift with or without reasonable
29accommodations.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
   33This bill relates to regents institutions and the
34enforcement of state, local, and municipal laws, and personal
35injury or illness of a peace officer employed by a regents
-4-1institution. The bill is organized by divisions.
   2DIVISION I — ENFORCEMENT OF STATE, LOCAL, AND MUNICIPAL
3LAWS (CODE CHAPTER 27B). The bill defines “regents
4institution” for purposes of the bill as the state university
5of Iowa, Iowa state university of science and technology, or
6the university of northern Iowa, and includes an appointed
7official, officer, or employee of a division, department, or
8other body that is part of a regents institution, including
9but not limited to the department of public safety, human
10resources, or general counsel.
   11The bill amends current law relating to restrictions on the
12enforcement of state, local, and municipal laws by a local
13entity or law enforcement department to include a regents
14institution. The bill provides that a regents institution
15shall not adopt or enforce a policy or take any other action
16under which the regents institution prohibits or discourages
17the enforcement of state, local, or municipal laws.
   18The bill amends current law to provide that any person may
19file a complaint with the attorney general alleging that a
20regents institution has violated the provisions of Code chapter
2127B relating to the enforcement of state, local, or municipal
22laws. The attorney general shall review the complaint and any
23evidence in support of the allegation.
   24The bill provides that a local entity or regents institution
25for which the attorney general has received a complaint shall
26comply with any reasonable document requests. The attorney
27general will maintain the confidentiality of a local entity’s
28or regents institution’s records produced in response to a
29document request. A complaint shall not be valid unless the
30attorney general determines that a violation by a local entity
31or regents institution was intentional or in reckless disregard
32for public safety.
   33Current law provides that if the attorney general determines
34that a complaint against a local entity is valid, written
35notification shall be provided to the local entity. Within 30
-5-1days the local entity shall provide the attorney general with
2the following: copies of all of the local entity’s written
3policies relating to the complaint, a description of all
4actions the local entity has taken or will take to correct any
5violations, and any evidence that would refute the allegations
6made in the complaint. The attorney general shall file a civil
7action in district court to enjoin any ongoing violation of
8Code chapter 27B by a local entity. No earlier than 90 days
9after a final judicial determination that a local entity has
10intentionally prohibited or discouraged the enforcement of
11state, local, or municipal laws, the local entity may petition
12the district court to seek a declaratory judgment that the
13local entity is in compliance with Code chapter 27B. A local
14entity will be denied state funds for the state fiscal year
15in which a judicial determination in a civil action is made.
16The bill makes all of these provisions applicable to regents
17institutions.
   18The bill provides that the district court shall have
19jurisdiction in all actions brought under Code chapter 27B, and
20the attorney general has the burden of proof by a preponderance
21of the evidence to prove violations of the Code chapter.
   22The bill provides that a local entity or regents institution
23shall not blacklist or retaliate against an employee or
24official who makes a good-faith complaint or who gives a
25statement or testimony in proceedings related to the complaint
26or action. A local entity or regents institution that
27retaliates against an employee who makes a good-faith complaint
28is liable to an aggrieved employee for affirmative relief
29including reinstatement, civil damages, and any other equitable
30relief the court deems appropriate, including attorney fees and
31costs.
   32DIVISION II — PERSONAL INJURY OR ILLNESS — PEACE OFFICERS
33AT REGENTS INSTITUTIONS. The bill provides that a regents
34institution employing a peace officer who sustains a personal
35injury or illness that arises out of and in the course of
-6-1employment shall not remove, discharge, involuntarily transfer,
2or take adverse employment action against the peace officer due
3to temporary or permanent restrictions that limit or prohibit
4the peace officer from working special events, overtime, or a
5specific shift provided the peace officer is able to work any
6regular shift with or without reasonable accommodations.
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