House Study Bill 266 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE ON
PUBLIC SAFETY BILL BY
CHAIRPERSON KLEIN)
A BILL FOR
1 An Act relating to public records including confidentiality,
2 access, and the enforcement of public records violations,
3 and uniform commercial code filings; certain employment
4 matters including benefits, workers’ compensation, civil
5 actions, and civil immunity; and law enforcement including
6 law enforcement officer rights, eluding law enforcement, and
7 carrying firearms; and providing penalties.
8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 PUBLIC RECORDS —— CONFIDENTIALITY —— CIVIL ENFORCEMENT
3 Section 1. Section 9E.1, Code 2021, is amended to read as
4 follows:
5 9E.1 Purpose.
6 The general assembly finds that individuals attempting to
7 escape from actual or threatened domestic abuse, domestic
8 abuse assault, sexual abuse, assault, stalking, or human
9 trafficking frequently establish new addresses in order to
10 prevent their assailants or probable assailants from finding
11 them. The purpose of this chapter is to enable state and local
12 agencies to respond to requests for data without disclosing
13 the location of a victim of domestic abuse, domestic abuse
14 assault, sexual abuse, assault, stalking, or human trafficking;
15 to enable interagency cooperation with the secretary of state
16 in providing address confidentiality for victims of domestic
17 abuse, domestic abuse assault, sexual abuse, assault, stalking,
18 or human trafficking; and to enable program participants to use
19 an address designated by the secretary of state as a substitute
20 mailing address for the purposes specified in this chapter.
21 In addition, the purpose of this chapter is to prevent such
22 victims from being physically located through a public records
23 search.
24 Sec. 2. Section 9E.2, subsection 6, paragraph a, Code 2021,
25 is amended to read as follows:
26 a. “Eligible person” means a person who is all a resident of
27 this state, an adult, a minor, or an incapacitated person as
28 defined in section 633.701, and is one of the following:
29 (1) A resident of this state.
30 (2) An adult, a minor, or an incapacitated person as defined
31 in section 633.701.
32 (3) A victim of domestic abuse, domestic abuse assault,
33 sexual abuse, assault, stalking, or human trafficking as
34 evidenced by the filing of a petition pursuant to section 236.3
35 or a criminal complaint or information pursuant to section
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1 708.1, 708.2A, 708.11, or 710A.2, or any violation contained
2 in chapter 709.
3 (2) A currently active or retired state or local judicial
4 officer, as defined in section 4.1, or a spouse or child of
5 such a person.
6 (3) A currently active or retired state or local prosecuting
7 attorney, as defined in section 801.4, or a spouse or child of
8 such a person.
9 (4) A currently active or retired peace officer, as defined
10 in section 801.4, or a spouse or child of such a person.
11 Sec. 3. Section 9E.3, subsection 1, paragraph b,
12 subparagraph (1), subparagraph division (a), Code 2021, is
13 amended to read as follows:
14 (a) The eligible person listed on the application is a
15 victim of domestic abuse, domestic abuse assault, sexual abuse,
16 assault, stalking, or human trafficking.
17 Sec. 4. Section 9E.3, subsection 1, paragraph e, Code 2021,
18 is amended to read as follows:
19 e. The residential address of the eligible person,
20 disclosure of which could lead to an increased risk of domestic
21 abuse, domestic abuse assault, sexual abuse, assault, stalking,
22 or human trafficking.
23 Sec. 5. Section 22.10, subsection 3, paragraph b,
24 subparagraph (2), Code 2021, is amended to read as follows:
25 (2) Had good reason to believe and in good faith believed
26 facts which, if true, would have indicated compliance with
27 the requirements of this chapter. For purposes of this
28 subparagraph, “good reason to believe and in good faith believed”
29 means the person engaged in a balancing test in weighing the
30 individual privacy interest against the public’s need to access
31 the record based upon a reasonable reliance on the facts.
32 DIVISION II
33 UNIFORM COMMERCIAL CODE —— FRAUDULENT FILINGS
34 Sec. 6. Section 554.9516, Code 2021, is amended by adding
35 the following new subsection:
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1 NEW SUBSECTION. 5. Fraudulent filings.
2 a. The filing office may refuse to accept a financing
3 statement that it determines is not created pursuant to the
4 uniform commercial code, or is otherwise intended for an
5 improper purpose, such as to hinder, harass, or otherwise
6 wrongfully interfere with any person. The filing office may
7 also refuse to accept a financing statement that names the same
8 person as both debtor and secured party, describes collateral
9 not within the scope of applicable law, or is being filed for
10 a purpose other than a transaction within the scope of the
11 uniform commercial code.
12 b. If the filing office becomes aware that a financing
13 statement or other record was not created pursuant to the
14 uniform commercial code, or was otherwise intended for an
15 improper purpose, such as to hinder, harass, or otherwise
16 wrongfully interfere with any person, the filing office
17 shall review the record and relevant circumstances and, if it
18 determines that the record was wrongfully filed, the record
19 shall be deemed void and ineffective; and the filing office
20 shall remove the record from the index and communicate the
21 foregoing to the person that presented the wrongfully filed
22 record and to other persons, as appropriate.
23 DIVISION III
24 ACCRUED SICK LEAVE —— RETIRED PUBLIC SAFETY EMPLOYEES
25 Sec. 7. NEW SECTION. 70A.23A Credit for accrued sick leave
26 —— public safety employees.
27 A public safety employee, as defined by section 20.3,
28 subsection 11, who retires and has applied for retirement
29 benefits under an eligible retirement system, shall receive
30 credit for all accumulated, unused sick leave which shall be
31 converted at current value and credited to an account for the
32 public safety employee for the purpose of paying the public
33 safety employee’s cost of the monthly premiums for continuance
34 of the public safety employee’s health insurance plan. Upon
35 the death of a retired public safety employee, the spouse
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1 or surviving spouse shall be entitled to the value of the
2 accumulated unused sick leave for the purpose of paying the
3 cost of monthly premiums for continuation of a public safety
4 employee’s health insurance policy for the public safety
5 employee’s surviving spouse or dependents. This subsection
6 shall not apply to sections 509A.13 and 509A.13A.
7 DIVISION IV
8 WORKERS’ COMPENSATION —— ACTIONS AND OFFSETS
9 Sec. 8. Section 85.26, subsection 1, Code 2021, is amended
10 to read as follows:
11 1. An original proceeding for benefits under this chapter
12 or chapter 85A, 85B, or 86, shall not be maintained in any
13 contested case unless the proceeding is commenced within two
14 years from the date of the occurrence of the injury for which
15 benefits are claimed or one year from the date a denial of
16 liability is received by the employee, whichever is later,
17 or, if weekly compensation benefits are paid under section
18 86.13, within three years from the date of the last payment
19 of weekly compensation benefits. For the purposes of this
20 section, “date of the occurrence of the injury” means the date
21 that the employee knew or should have known that the injury was
22 work-related.
23 Sec. 9. Section 97B.50A, subsection 5, Code 2021, is amended
24 to read as follows:
25 5. Offset to allowance.
26 a. Notwithstanding any provisions to the contrary in state
27 law, or any applicable contract or policy, any amounts which
28 may be paid or payable by the employer under any workers’
29 compensation, unemployment compensation, employer-paid
30 disability plan, program, or policy, or other law to a member,
31 and any disability payments the member receives pursuant to
32 the federal Social Security Act, 42 U.S.C. §423 et seq.,
33 shall be offset against and payable in lieu of any retirement
34 allowance payable pursuant to this section on account of the
35 same disability.
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1 b. Notwithstanding paragraph “a”, any workers’ compensation
2 benefits received by a member for past medical expenses or
3 future medical expenses shall not be offset against and not
4 considered payable in lieu of any retirement allowance payable
5 pursuant to this section on account of the same disability.
6 c. Notwithstanding paragraph “a”, any workers’ compensation
7 benefits received by a member for reimbursement of vacation
8 time used, sick time used, or for any unpaid time off from work
9 shall not be offset against and not considered payable in lieu
10 of any retirement allowance payable pursuant to this section on
11 account of the same disability.
12 DIVISION V
13 CIVIL SERVICE COMMISSION EXAMINATIONS
14 Sec. 10. Section 400.8, subsection 2, Code 2021, is amended
15 to read as follows:
16 2. The commission shall establish the guidelines for
17 conducting the examinations under subsection 1 of this section.
18 It may prepare and administer the examinations or may The
19 commission shall hire persons with expertise to do so if the
20 commission approves the examinations prepare and administer
21 the examinations approved by the commission. It may also
22 hire persons with expertise to consult in the preparation of
23 such examinations if the persons so hired are employed to aid
24 personnel of the commission in assuring that a fair examination
25 is conducted. A fair examination shall explore the competence
26 of the applicant in the particular field of examination.
27 Sec. 11. Section 400.9, subsection 2, Code 2021, is amended
28 to read as follows:
29 2. The commission shall establish guidelines for conducting
30 the examinations under subsection 1. It may prepare and
31 administer the examinations or may The commission shall hire
32 persons with expertise to do so if the commission approves
33 the examinations and if the examinations apply to prepare and
34 administer the examinations approved by the commission for
35 the position in the city for which the applicant is taking
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1 the examination. It may also hire persons with expertise to
2 consult in the preparation of such examinations if the persons
3 so hired are employed to aid personnel of the commission
4 in assuring that a fair examination is conducted. A fair
5 examination shall explore the competence of the applicant in
6 the particular field of examination. The names of persons
7 approved to administer any examination under this section shall
8 be posted in the city hall at least twenty-four hours prior to
9 the examination.
10 DIVISION VI
11 STATE AND MUNICIPAL TORT CLAIMS
12 Sec. 12. Section 669.14, Code 2021, is amended by adding the
13 following new subsection:
14 NEW SUBSECTION. 1A. Any claim based upon an act or omission
15 of an employee of the state, exercising due care, in the
16 execution of or enforcement of any law.
17 Sec. 13. Section 670.2, Code 2021, is amended by adding the
18 following new subsection:
19 NEW SUBSECTION. 4. An employee is not personally liable
20 for a claim based upon an act or omission of the person taken
21 in execution or enforcement of any law except for acts or
22 omissions which involve intentional misconduct or knowing
23 violations of the law.
24 Sec. 14. Section 670.7, Code 2021, is amended by adding the
25 following new subsection:
26 NEW SUBSECTION. 5. The governing body of a municipality
27 shall purchase and maintain insurance or join a local
28 government risk pool pursuant to this section for claims for
29 punitive damages in tort actions for wrongful death, excessive
30 force, and arrest filed without probable cause against its
31 law enforcement and public safety officers, employees, and
32 volunteers, whether elected or appointed, arising out of an
33 alleged act or omission occurring within the scope of such
34 a person’s employment or duties. The governing body may
35 purchase and maintain insurance or join a local government
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1 risk pool for claims for punitive damages against its law
2 enforcement and public safety officers, employees, and persons
3 who do not receive compensation for their services for other
4 tort actions. This subsection does not waive a defense of
5 governmental immunity to any claim or action brought against a
6 law enforcement or public safety officer, employee, or a person
7 who does not receive compensation for their services.
8 DIVISION VII
9 LAW ENFORCEMENT —— OFFICER RIGHTS —— ELUDING LAW ENFORCEMENT ——
10 CARRYING FIREARMS
11 Sec. 15. Section 80F.1, Code 2021, is amended by adding the
12 following new subsection:
13 NEW SUBSECTION. 2A. A formal administrative investigation,
14 informal inquiry, or interview under this chapter shall not be
15 conducted unless a complaint is filed within one hundred eighty
16 days after the alleged action occurred.
17 Sec. 16. Section 80F.1, subsections 13 and 19, Code 2021,
18 are amended to read as follows:
19 13. An officer shall have the right to pursue civil remedies
20 under the law against a citizen arising from the filing of a
21 false complaint against the officer In addition to any other
22 remedies available, an officer shall have the right to pursue
23 civil remedies under the law against any person, group of
24 persons, employer, organization, or corporation for damages
25 arising from the filing of a false complaint or any other
26 violation of this chapter including but not limited to actual
27 damages, court costs, and reasonable attorney fees.
28 19. If a formal administrative investigation results in
29 removal, discharge, suspension, or disciplinary action against
30 an officer, and the officer alleges in writing a violation of
31 the provisions of this section, the municipality, county, or
32 state agency employing the officer shall hold in abeyance for
33 a period of ten days any punitive action taken as a result of
34 the investigation, including a reprimand, until the conclusion
35 of any appeal or grievance exercised by the officer. An
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1 allegation of a violation of this section may be raised and
2 given due consideration in any properly authorized grievance
3 or appeal exercised by an officer, including but not limited
4 to a grievance or appeal exercised pursuant to the terms of an
5 applicable collective bargaining agreement and an appeal right
6 exercised under section 341A.12 or 400.20.
7 Sec. 17. Section 321.279, Code 2021, is amended to read as
8 follows:
9 321.279 Eluding or attempting to elude pursuing law
10 enforcement vehicle.
11 1. a. The driver of a motor vehicle commits a serious an
12 aggravated misdemeanor if the driver willfully fails to bring
13 the motor vehicle to a stop or otherwise eludes or attempts to
14 elude a marked or unmarked official law enforcement vehicle
15 driven by a uniformed peace officer after being given a visual
16 and audible signal to stop. The signal given by the peace
17 officer shall be by flashing red light, or by flashing red and
18 blue lights, and siren. For purposes of this section, “peace
19 officer” means those officers designated under section 801.4,
20 subsection 11, paragraphs “a”, “b”, “c”, “f”, “g”, and “h”.
21 b. The driver of a motor vehicle who commits a second or
22 subsequent violat