Fiscal Note
Fiscal Services Division
HF 791 – Law Enforcement (LSB2760HV)
Staff Contact: Christin Mechler (515.250.0458) christin.mechler@legis.iowa.gov
Fiscal Note Version – New
Description
House File 791 relates to numerous issues involving law enforcement and public safety,
including public records, fraudulent filings, public safety employee benefits and workers’
compensation, State and municipal tort claims, eluding law enforcement, and firearms.
Division I: Public Records
Division I expands the definition of persons eligible to participate in the Address Confidentiality
Program under Iowa Code Chapter 9E to include an Iowa resident, adult, minor, or
incapacitated person who is one of the following:
• A victim of domestic abuse, including but not limited to assault, stalking, and human
trafficking.
• A currently active or retired State or local judicial officer, or a spouse or child thereof.
• A currently active or retired State or local prosecuting attorney, or a spouse or child thereof.
• A currently active or retired peace officer, or a spouse or child thereof.
The existing Open Records Law under Iowa Code Chapter 22 states that a person shall not be
assessed damages if the person had good reason to believe and in good faith believed facts,
which, if true, would have complied with the law. House File 791 defines “good reason to
believe and in good faith believed” to mean the person engaged in a balancing test in weighing
individual privacy interest against the public’s need to access records based on facts.
Division II: Fraudulent Filings
This Division allows a filing office to refuse to accept a financial filing statement if such is
determined to be out of compliance with the Uniform Commercial Code (UCC), is intended for
improper use, names the same person as both the debtor and secured party, is outside of the
scope of applicable law, and is filed for a purpose other than a transaction within the scope of
the UCC. When a filing office becomes aware such a statement or record was filed improperly,
it is required to investigate and determine if the record was wrongfully filed. Filings deemed void
and ineffective will be removed from the record and the filing office shall inform the person who
filed the record.
Division III: Public Safety Employees, Accrued Sick Leave Upon Retirement
This Division provides that a retired public safety employee who has applied for retirement
benefits under an eligible retirement system shall receive credit for all accumulated and unused
sick leave, which shall be converted to current value and credited to the employee’s account for
the purpose of paying monthly health insurance premiums. Upon the death of the employee,
the surviving spouse shall be entitled to these same benefits. It is current Department of Public
Safety practice to allow retiring employees to convert sick leave upon retirement for this
purpose. The provision extends the benefit to the surviving spouse.
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Division IV: Workers’ Compensation, Actions and Offsets
Division IV amends Iowa Code section 85.26 to provide that an original proceeding for benefits
shall not be maintained in a contested case unless the proceeding begins within two years of
the date of occurrence of the injury, or one year from the date the employee receives denial of
liability, whichever is later. Current law limits this provision to two years from the date when the
injury occurred. Division IV also provides that any workers’ compensation benefits received by
a person for past or future medical expenses, or any workers’ compensation benefits received
for reimbursement of used vacation or sick time, or for any unpaid time off from work shall not
be offset against nor considered payable in lieu of any retirement allowance payable under the
Iowa Public Employees’ Retirement System on account of the same disability.
Division V: Civil Service Commission Examinations
This Division requires the Civil Service Commission to hire persons with expertise to prepare
and administer examinations approved by the Commission for entrance and promotional
examinations. Under current law, the Commission may choose to hire individuals with
expertise.
Division VI: State and Municipal Tort Claims
Division VI establishes immunity from tort claims for State employees and employees of
governmental subdivisions for any claim arising out of an act or omission committed by the
employee during the execution of or enforcement of any law, unless the act constitutes willful or
wanton misconduct. The Bill clarifies that this does not waive a defense of governmental
immunity to any claim or action brought against law enforcement, a public safety officer,
employee, or volunteer. The Bill also requires that a governing body of a municipality must
purchase and maintain insurance or join a local government risk pool for claims for punitive
damages in tort actions arising out of alleged actions or omissions brought against law
enforcement, public safety officers, employees, and volunteers, whether elected or appointed, in
the course of their employment.
Division VII: Law Enforcement
Division VII establishes that in addition to other remedies available, an officer as defined under
Iowa Code section 80F.1 shall have the right to pursue civil remedies against any person, group
of persons, employer, organization or corporation for damages arising out of the filing of a false
complaint, or any other violation pursuant to Iowa Code Chapter 80F. A formal administrative
investigation, informal inquiry, or interview of an officer shall not occur unless the complaint filed
against the officer was filed within 180 days of the occurrence of the alleged action. Should an
investigation lead to any punitive actions, such will be held in abeyance until the conclusion of
any appeal or grievance process exercised by the officer.
Section 17 of Division VII increases the penalty for willfully failing to bring a vehicle to a stop or
otherwise eluding or attempting to elude a marked official law enforcement vehicle driven by a
peace officer after being given a visual and audible signal to stop from a serious to an
aggravated misdemeanor. This Section also expands the crime of eluding law enforcement to
include eluding law enforcement in an unmarked vehicle, or an officer who is ununiformed. The
driver of a motor vehicle who commits a second or subsequent violation of eluding law
enforcement is guilty of a Class D felony. Under current law, a driver who commits a violation in
this manner is guilty of an aggravated misdemeanor.
Section 17 also provides the following penalties for eluding or attempting to elude law
enforcement:
• If, on a first offense, the driver of a motor vehicle eludes or attempts to elude law
enforcement after a visual and audible signal has been given, and in doing so exceeds the
speed limit by 25 miles per hour (mph), the driver is guilty of a Class D felony. Under
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 current law, a person who commits a violation in this manner is guilty of an aggravated
misdemeanor. A person who commits a second or subsequent violation in this manner is
guilty of a Class C felony. Under current law, a person who commits a second or
subsequent violation is guilty of a Class D felony.
• A driver who eludes or attempts to elude a law enforcement vehicle and has previously
eluded or attempted to elude a law enforcement vehicle and when doing so committed an
offense that resulted in bodily injury to another person is guilty of a Class B felony.
• A driver who eludes or attempts to elude law enforcement after a visual and audible signal
has been given, exceeds the speed limit by 25 mph, and is operating under the influence of
alcohol or drugs with a blood alcohol content of .08% or more, or is manufacturing,
delivering, or possessing illegal substances under Iowa Code section 124.401 is guilty of a
Class D felony. A person who commits a second or subsequent violation in this manner is
guilty of a Class C felony.
• A driver who eludes or attempts to elude law enforcement after being given a signal and in
doing so commits an offense that results in bodily injury to another person is guilty of a
Class C felony. A person who commits a second or subsequent violation in this manner is
guilty of a Class B felony.
• A person commits a Class B felony if the person unintentionally causes the death of another
by eluding or attempting to elude a law enforcement vehicle.
• A person commits a Class C felony if the person unintentionally causes serious injury of
another by eluding or attempting to elude a law enforcement vehicle.
Section 17 allows law enforcement to retain possession of a motor vehicle of a person
suspected to be in violation of the above until the final disposition of a criminal proceeding, if the
person was the registered owner of the vehicle at the time of the violation.
Section 18 of Division VII relates to vehicular homicide and provides that a person is guilty of a
Class C felony when the person unintentionally causes the death of another person by driving a
motor vehicle with willful or wanton disregard for the safety of persons and property. The
section explicitly states a person’s use of a hand-held electronic communication device to write,
send, or view an electronic message while driving is considered evidence sufficient to establish
a fact or raise presumption that the person was driving in a reckless manner with willful or
wanton disregard of the safety of persons or property.
Section 19 of Division VII establishes the requirement that a peace officer carry a firearm at all
times while engaged in the performance of official duties.
Assumptions
• The following will not change over the projection period: charge, conviction, and sentencing
patterns and trends, prisoner length of stay (LOS), revocation rates, plea bargaining, and
other criminal justice system policies and practices.
• A lag effect of six months is assumed from the effective date of this Bill to the date of first
entry of affected offenders into the correctional system.
• Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of
this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
Divisions I through VI are not estimated to have a correctional impact.
Division VII
House File 791 increases several penalties related to the crime of eluding or attempting to elude
law enforcement. In FY 2020, a total of 284 individuals entered into the correctional system for
violations under Iowa Code section 321.279. Table 1 provides the total cost of prison and
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probation admissions for one cohort of convictions of eluding or attempting to elude law
enforcement under current law.
Table 1 — Estimated Cost to the Correctional System, Eluding Law Enforcement,
Current Law
Current Law
Offense Class Admissions LOS (in days) Cost/Day (Marginal) Total Cost
Prison
Class D Felony 48 353 $ 20.33 $ 344,472
Aggravated Misdemeanor 9 216 20.33 39,522
Probation
Class C Felony 1 1,113 $ 5.83 $ 6,489
Class D Felony 53 1,015 5.83 313,625
Aggravated Misdemeanor 38 614 5.83 136,026
Serious Misdemeanor 15 459 5.83 40,140
Parole
Class D Felony 40 383 $ 5.83 $ 89,316
Aggravated Misdemeanor 14 182 5.83 14,855
Residential
Class D Felony 42 88 $ 95.83 $ 354,188
Aggravated Misdemeanor 19 88 95.83 160,228
Serious Misdemeanor 5 88 95.83 42,165
Total $ 1,541,023
Table 2 provides the estimated total cost of prison and probation admissions for one cohort of
convictions under Iowa Code section 321.279 as proposed by HF 791.
Table 2 — Estimated Cost of Assault Prison and Probation Admissions, HF 791
Proposed Law
Offense Class Admissions LOS (in days) Cost/Day (Marginal) Total Cost
Prison
Class C Felony 48 517 $ 20.33 $ 504,509
Class D Felony 9 353 20.33 64,588
Probation
Class B Felony 1 1,316 $ 5.83 $ 7,672
Class C Felony 53 1,113 5.83 343,906
Class D Felony 38 1,015 5.83 224,863
Aggravated Misdemeanor 15 614 5.83 53,694
Parole
Class C Felony 40 562 $ 5.83 $ 131,058
Class D Felony 14 383 5.83 31,260
Residential
Class C Felony 42 88 $ 95.83 $ 354,188
Class D Felony 19 88 95.83 160,228
Aggravated Misdemeanor 5 88 95.83 42,165
Total $ 1,918,133
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The Department of Corrections (DOC) estimates that the increase in penalties related to eluding
law enforcement proposed in HF 791 will lead to an increase of $377,110 in costs to the
correctional system.
Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly,
Cost Estimates Used for Correctional Impact Statements, dated January 22, 2021, for
information related to the correctional system.
Minority Impact
Divisions I through VI are not estimated to have a minority impact.
Division VII
House File 791 increases penalties for eluding or attempting to elude law enforcement. Of the
284 individuals who entered the correctional system for a violation of Iowa Code section
321.279 in FY 2020, 211, or 74.2% were Caucasian, and 54, or 19.0% were African American.
In FY 2020, Caucasians and African Americans made up 89.9% and 4.1% of the Iowa adult
population, respectively. The conviction rate for African Americans exceeds the population
proportion of the State, which would lead to a racial impact if trends remain constant.
Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated
January 27, 2021, for information related to minorities in the criminal justice system.
Fiscal Impact
Divisions I through III, Division V, and Division VI are not expected to have a fiscal impact.
Division IV
Division IV of HF 791 extends the time period an injured employee may file for litigation for a
worker’s compensation claim. The Department of Workforce Development estimates that this
would result in an increase in filed claims of up to 300 claims annually. The IWD charges $100
per workers’ compensation filing claim. In order to accommodate the increased workload
related to the increase in claims, the IWD estimates that it will need to hire an additional Deputy
Commissioner, Clerk, and Word Processor. Additionally, the Department states that updates
would need to be made to existing workstations. Table 3 shows the total cost to the IWD,
including the accounting for fee revenue, should HF 791 be enacted.
Table 3 — Estimated Costs and Fee Revenue to IWD, HF 791
Expenses FY 2022 FY 2023
Clerk I
Salary/Benefits $ 40,100 $ 41,300
Word Processor I
Salary/Benefits 44,500 45,835
Deputy Commissioner
Salary/Benefits 113,500 116,890
Workstation Updates $ 20,000 0
Fee Revenue
Filing Fees $ 30,000 $ 30,000
Total Cost $ 188,100 $ 174,025
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Division VII
House File 791 establishes new crimes related to eluding law enforcement and reckless driving,
and increases the penalties for several existing crimes related to eluding law enforcement. The
fiscal impact of this section cannot be determined due to the lack of data. Table 4 depicts the
increase in cost for the average State cost per offense class type for one conviction of disorderly
conduct. The cost estimate includes operating costs incurred by the Judicial Branch, the State
Public Defender, and the DOC for one conviction. The cost would be incurred across multiple
fiscal years for prison and parole supervision.
Table 4 — Average State Cost Per Offense Class Type, HF 791
Offenses with Increased Penalties
Total Cost
Offense and Offense Class Minimum Maximum
Eluding Law Enforcement
Aggravated Misdemeanor $ 3,700 $ 7,800
Serious Misdemeanor 410 7,500
Cost Increase $ 3,290 $ 300
Eluding Law Enforcement - 2nd Offense or 1st Offense
over 25 mph
Class D Felony $ 7,700 $ 13,500
Aggravated Misdemeanor 3,700