House Study Bill 738 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE ON
WAYS AND MEANS BILL BY
CHAIRPERSON KAUFMANN)
A BILL FOR
1 An Act relating to law enforcement, including the enforcement
2 of state, local, and municipal laws at regents institutions,
3 personal injury or illness of a peace officer employed by
4 a regents institution, the revocation or suspension of
5 a law enforcement officer’s or reserve peace officer’s
6 certification, administrative investigations under the peace
7 officer, public safety, and emergency personnel bill of
8 rights, and communications in professional confidence.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 ENFORCEMENT OF STATE, LOCAL, AND MUNICIPAL LAWS
3 Section 1. Section 27B.1, Code 2024, is amended by adding
4 the following new subsection:
5 NEW SUBSECTION. 3. “Regents institution” means the state
6 university of Iowa, Iowa state university of science and
7 technology, or the university of northern Iowa. “Regents
8 institution” includes an appointed official, officer, or
9 employee of a division, department, or other body that is
10 part of a regents institution, including but not limited to
11 the department of public safety, human resources, or general
12 counsel.
13 Sec. 2. Section 27B.2, Code 2024, is amended to read as
14 follows:
15 27B.2 Restriction on enforcement of state, local, and
16 municipal law prohibited.
17 A local entity, regents institution, or law enforcement
18 department shall not adopt or enforce a policy or take any
19 other action under which the local entity, regents institution,
20 or law enforcement department prohibits or discourages the
21 enforcement of state, local, or municipal laws.
22 Sec. 3. Section 27B.4, Code 2024, is amended to read as
23 follows:
24 27B.4 Complaints —— notification —— civil action.
25 1. Any person may file a complaint with the attorney
26 general alleging that a local entity or regents institution
27 has violated or is violating this chapter if the person offers
28 evidence to support such an allegation. The person shall
29 include with the complaint any evidence the person has in
30 support of the complaint.
31 2. The attorney general shall review the complaint and
32 any evidence in support of the complaint. A local entity
33 or regents institution for which the attorney general has
34 received a complaint pursuant to this section shall comply
35 with any reasonable document requests, including a request
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1 for supporting documents, from the attorney general relating
2 to the complaint. The attorney general shall maintain the
3 confidentiality of all information and records of a local
4 entity or regents institution produced in response to a
5 document request relating to the complaint unless otherwise
6 provided by law or a court order.
7 3. A complaint filed pursuant to subsection 1 shall not be
8 valid unless the attorney general determines that a violation
9 of this chapter by a local entity or regents institution was
10 intentional or in reckless disregard for public safety.
11 4. If the attorney general determines that a complaint filed
12 pursuant to this section against a local entity or regents
13 institution is valid, the attorney general, not later than ten
14 days after the date of such a determination, shall provide
15 written notification to the local entity or regents institution
16 by certified mail, with return receipt requested, stating all
17 of the following:
18 a. A complaint pursuant to this section has been filed and
19 the grounds for the complaint.
20 b. The attorney general has determined that the complaint is
21 valid.
22 c. The attorney general is authorized to file a civil
23 action in district court pursuant to subsection 6 to enjoin a
24 violation of this chapter no later than forty days after the
25 date on which the notification is received if the local entity
26 or regents institution does not come into compliance with the
27 requirements of this chapter.
28 d. The local entity or regents institution and any entity
29 that is under the jurisdiction of the local entity or regents
30 institution will be denied state funds pursuant to section
31 27B.5 for the state fiscal year following the year in which a
32 final judicial determination in a civil action brought under
33 this section is made.
34 5. No later than thirty days after the date on which a local
35 entity or regents institution receives written notification
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1 under subsection 4, the local entity or regents institution
2 shall provide the attorney general with all of the following:
3 a. Copies of all of the local entity’s or regents
4 institution’s written policies relating to the complaint.
5 b. A description of all actions the local entity or regents
6 institution has taken or will take to correct any violations of
7 this chapter.
8 c. If applicable, any evidence that would refute the
9 allegations made in the complaint.
10 6. No later than forty days after the date on which the
11 notification pursuant to subsection 4 is received, the attorney
12 general shall file a civil action in district court to enjoin
13 any ongoing violation of this chapter by a local entity or
14 regents institution.
15 7. The district court shall have jurisdiction over an action
16 brought pursuant to this section. The attorney general shall
17 have the burden of proof by a preponderance of the evidence to
18 establish a violation of this chapter.
19 Sec. 4. Section 27B.6, subsections 1, 2, and 5, Code 2024,
20 are amended to read as follows:
21 1. Except as provided by subsection 5, no earlier than
22 ninety days after the date of a final judicial determination
23 that a local entity or regents institution has intentionally
24 violated the provisions of this chapter, the local entity or
25 regents institution may petition the district court that heard
26 the civil action brought pursuant to section 27B.4, subsection
27 6, to seek a declaratory judgment that the local entity or
28 regents institution is in full compliance with this chapter.
29 2. A local entity or regents institution that petitions
30 the court as described by subsection 1 shall comply with
31 any document requests, including a request for supporting
32 documents, from the attorney general relating to the action.
33 5. A local entity or regents institution may petition the
34 court as described in subsection 1 before the date provided in
35 subsection 1 if the person who was the director or other chief
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1 officer of the local entity or regents institution at the time
2 of the violation of this chapter is subsequently removed from
3 or otherwise leaves office or employment.
4 Sec. 5. NEW SECTION. 27B.8 Good-faith complaint —— no
5 retaliation.
6 A local entity or regents institution shall not blacklist
7 or retaliate against an employee or official who makes
8 a good-faith complaint under this chapter or who gives a
9 statement or testimony in proceedings related to the complaint
10 or action. A local entity or regents institution that
11 retaliates against an employee who makes a good-faith complaint
12 under this chapter is liable to an aggrieved employee for
13 affirmative relief including reinstatement, civil damages,
14 and any other equitable relief the court deems appropriate,
15 including attorney fees and costs.
16 DIVISION II
17 PERSONAL INJURY OR ILLNESS —— PEACE OFFICERS AT REGENTS
18 INSTITUTIONS
19 Sec. 6. NEW SECTION. 262.13A Peace officers —— personal
20 injury or illness.
21 A regents institution employing a peace officer who sustains
22 a personal injury or illness that arises out of and in the
23 course of employment shall not remove, discharge, involuntarily
24 transfer, or take adverse employment action against the peace
25 officer due to temporary or permanent restrictions that limit
26 or prohibit the peace officer from working special events,
27 overtime, or a specific shift provided the peace officer is
28 able to work any regular shift with or without reasonable
29 accommodations.
30 DIVISION III
31 IOWA LAW ENFORCEMENT ACADEMY —— REVOCATION OR SUSPENSION OF
32 CERTIFICATION
33 Sec. 7. Section 80B.13A, subsection 1, paragraphs a and b,
34 Code 2024, are amended to read as follows:
35 a. “Final” means that all appeals through a grievance
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1 procedure, civil service action, or other cause of action or
2 procedure available to the officer or civil service have been
3 exhausted.
4 b. “Serious misconduct” means improper or illegal actions
5 taken by a law enforcement officer or reserve peace officer in
6 connection with the officer’s official duties including but not
7 limited to a conviction for a felony, fabrication of evidence,
8 repeated use of excessive force in violation of law, acceptance
9 of a bribe, or the commission of fraud.
10 Sec. 8. Section 80B.13A, subsection 2, paragraph c, Code
11 2024, is amended to read as follows:
12 c. Left, Knowingly left or voluntarily quit, or been
13 laid off when the officer was notified of a disciplinary
14 investigation or action was imminent or pending which could
15 that would have resulted in the law enforcement officer being
16 discharged or the reserve peace officer being removed for
17 serious misconduct, if the council determines that the officer
18 engaged in serious misconduct.
19 Sec. 9. Section 80B.13A, subsection 3, unnumbered paragraph
20 1, Code 2024, is amended to read as follows:
21 The council may revoke or suspend the certification of a law
22 enforcement officer or reserve peace officer and may publicly
23 or privately reprimand a law enforcement officer, reserve peace
24 officer, or employing agency due to any of the following:
25 Sec. 10. Section 80B.13A, Code 2024, is amended by adding
26 the following new subsections:
27 NEW SUBSECTION. 3A. A decision of the council to revoke
28 the certification of a law enforcement officer or reserve peace
29 officer, to suspend a law enforcement officer or reserve peace
30 officer’s certification, or any other action against an officer
31 or employing agency shall be made by a majority vote of the
32 council.
33 NEW SUBSECTION. 4A. An action for revocation or suspension
34 of the certification of a law enforcement officer or reserve
35 peace officer shall not be maintained by the council unless the
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1 action is commenced within one hundred eighty days from the
2 date the law enforcement officer or reserve peace officer has
3 exhausted all actions, appeals, or procedures available to the
4 officer.
5 Sec. 11. Section 80B.13A, subsection 4, Code 2024, is
6 amended to read as follows:
7 4. a. An employing agency shall notify the council within
8 ten days of any termination of employment of a law enforcement
9 officer or appointment as a reserve peace officer. The
10 notification must state whether the law enforcement officer or
11 reserve peace officer was discharged or removed for serious
12 misconduct, or whether the officer left, voluntarily quit, or
13 was laid off when was notified of a disciplinary investigation
14 or action was imminent or pending which could that would have
15 resulted in the officer being discharged or removed for serious
16 misconduct, whether the officer left or voluntarily quit, and
17 whether the action taken by the agency is final.
18 b. If after the employing agency submits a notification
19 under this subsection, the law enforcement officer or reserve
20 peace officer exercises any right to hold the decision of an
21 employing agency in abeyance, appeals, grieves, brings a cause
22 of action under section 80F.1, subsection 13, or contests the
23 officer’s termination as provided by law, the employing agency
24 shall notify the council in writing within ten days of the
25 filing of such action by the officer.
26 c. Upon request by the council, the employing agency shall
27 provide any additional information or documentation about the
28 officer including confidential records or information under
29 section 22.7 or other applicable law to the council.
30 DIVISION IV
31 PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL OF
32 RIGHTS —— ADMINISTRATIVE INVESTIGATIONS
33 Sec. 12. Section 80F.1, subsection 1, paragraphs c, e, and
34 f, Code 2024, are amended to read as follows:
35 c. “Formal administrative investigation” means an
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1 investigative process ordered by a commanding officer of an
2 agency or commander’s designee during which the investigation
3 and questioning of an officer is intended to gather evidence
4 to determine the merit of a complaint, which may be the basis
5 for administrative charges seeking the removal, discharge, or
6 suspension, or other disciplinary action against the officer.
7 e. “Interview” means the questioning of an officer
8 who is the subject of a complaint pursuant to the formal
9 administrative investigation procedures of the investigating
10 agency, if such a complaint may be the basis for seeking
11 removal, discharge, or suspension, or other disciplinary action
12 against the officer. “Interview” does not include questioning
13 as part of any informal inquiry or questioning related to minor
14 infractions of agency rules which will not result in removal,
15 discharge, suspension, or other disciplinary action against the
16 officer. An interview conducted under this section shall not
17 be construed to be a hearing.
18 f. “Officer” means a certified law enforcement officer,
19 fire fighter, emergency medical technician, paramedic,
20 medical provider, corrections officer, detention officer,
21 jailer, probation or parole officer, communications officer
22 public safety telecommunicator, dispatcher, or any other
23 law enforcement officer certified in training or whose
24 certification is governed by the Iowa law enforcement academy,
25 and who is employed by a municipality, county, or state agency.
26 Sec. 13. Section 80F.1, subsections 5 and 13, Code 2024, are
27 amended to read as follows:
28 5. a. An officer who is the subject of a complaint, shall
29 at a minimum, be provided a written summary of the complaint
30 prior to an interview. If a collective bargaining agreement
31 applies, the complaint or written summary shall be provided
32 pursuant to the procedures established under the collective
33 bargaining agreement. If the complaint alleges domestic abuse,
34 sexual abuse, workplace harassment, or sexual harassment, an
35 officer shall not receive more than a written summary of the
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1 complaint.
2 b. Upon written request of the officer or the officer’s
3 legal counsel, the employing agency shall provide to the
4 officer or the officer’s legal counsel a complete copy of the
5 officer’s incident report and the officer’s video or audio
6 recordings from the incident giving rise to the complaint
7 without unnecessary delay prior to an interview of the officer.
8 Nothing in this paragraph shall be construed to constitute
9 a disclosure of public records. The employing agency shall
10 not charge the officer, officer’s legal counsel, or employee
11 representative a fee for providing the reports and recordings
12 required by this subsection.
13 13. An officer shall have the right to bring a cause of
14 action against any person, group of persons, organization, or
15 corporation for damages arising from the filing of a false
16 complaint against the officer or any other violation of this
17 chapter including but not limited to actual damages, court
18 costs, and reasonable attorney fees. The clerk of the district
19 court shall collect a filing fee of one hundred fifty dollars
20 for the filing of an action under this subsection.
21 DIVISION V
22